Newark, NJ — A federal judge denied a detained immigrant mother’s request for release from ICE custody, ruling she failed to show her detention violates federal law despite arguments that her arrest and pending immigration relief should protect her from removal.
U.S. District Judge Brian R. Martinotti rejected the habeas corpus petition filed by Rose Elvira Rodriguez Moreno, an El Salvador native who has lived in the United States for more than two decades and is the mother of three U.S. citizen children. The decision leaves her in custody for now but allows her to try again later, as the petition was denied “without prejudice.”
Rodriguez Moreno challenged her February 2026 arrest by immigration authorities, arguing it violated constitutional protections and federal immigration law.
Long immigration history shapes ruling
Rodriguez Moreno entered the U.S. without inspection in 2004 and was ordered removed in absentia by an immigration judge in 2005 after failing to appear for proceedings.
She remained in the country, later marrying a U.S. citizen in 2018 and raising three children born in the United States. In 2020, she sought legal status under the Violence Against Women Act (VAWA), which allows certain abused spouses of U.S. citizens to self-petition for immigration relief.
Her petition was approved in late 2023 or early 2024, a key development she argued should shield her from detention and removal.
—
Key Points
• Federal judge denies habeas petition challenging ICE detention
• Petitioner is a Salvadoran mother of three U.S. citizen children
• Court leaves door open for future legal challenges
—
Arrest and detention challenged
In February 2026, immigration authorities arrested Rodriguez Moreno on a warrant tied to her long-standing removal order. She has remained detained under federal immigration law governing post-removal custody.
Her legal challenge argued the arrest was unlawful, claiming it violated the Fourth Amendment, the Immigration and Nationality Act, and the Administrative Procedure Act because it was allegedly conducted without a valid warrant.
She also contended that her approved VAWA petition should offer protection from removal, complicating the government’s authority to detain her.
Court finds detention legally supported
The court focused on a key legal reality: Rodriguez Moreno remains subject to a final order of removal issued in 2005.
Under federal law, individuals with final removal orders can be detained while the government carries out deportation proceedings. The judge found that her custody falls within that framework and that she did not meet the burden required to show it violates constitutional or statutory protections.
While acknowledging her arguments, the court determined they were insufficient at this stage to justify release through a habeas petition.
What “without prejudice” means
Importantly, the denial does not permanently close the door on her claims.
By denying the petition “without prejudice,” the court allows Rodriguez Moreno to file another challenge in the future if circumstances change—such as developments in her immigration case or prolonged detention that could raise new legal issues.
Broader implications for VAWA applicants
The case highlights a complex intersection in immigration law: individuals with approved humanitarian petitions, such as VAWA protections, may still face detention if prior removal orders remain in effect.
An approved petition can open a pathway to legal status, but it does not automatically cancel existing removal orders or prevent enforcement actions.
Case status
Rodriguez Moreno remains in ICE custody as her immigration case continues. The federal court’s ruling addresses only the legality of her detention—not whether she will ultimately be allowed to remain in the United States.
Further proceedings may take place in immigration court or through additional federal filings.
