NEWARK, NJ – A federal judge has temporarily halted a habeas corpus petition filed on behalf of an immigration detainee at the Elizabeth Contract Detention Facility after finding procedural and legal deficiencies in the filing.
U.S. District Judge Edward S. Kiel issued the opinion on January 20, 2026, in the case of Elian Ovalle Estevez v. U.S. Immigration and Customs Enforcement et al., ruling that the petition, submitted by the detainee’s aunt, Maria Verás, could not proceed because she neither paid the required $5 filing fee nor filed an in forma pauperis application.
Verás filed the habeas petition under 28 U.S.C. § 2241 as a “next friend,” claiming that Ovalle Estevez was being held in “inhumane and degrading” conditions at the Elizabeth facility. However, Judge Kiel found that while Verás demonstrated a family relationship, she did not establish that the detainee was unable to file his own petition — a key requirement for next friend status under federal law.
Citing Whitmore v. Arkansas (1990), the court noted that next friend standing is allowed only when the real party in interest cannot litigate on their own, and that the person acting must be truly dedicated to that individual’s best interests. The judge further referenced Third Circuit precedent confirming that a non-attorney cannot represent another person in federal court, even when acting as a next friend.
Judge Kiel therefore ordered the matter administratively terminated, allowing for the case to be reopened if Verás retains legal counsel or if Ovalle Estevez files his own habeas petition. The court also directed the Clerk to mail Verás a blank habeas form to assist with a proper refiling.
Key Points: Judge halts immigration detainee’s habeas petition filed by aunt in New Jersey – Newark
- Judge Edward S. Kiel terminated a habeas corpus petition filed by Maria Verás for detainee Elian Ovalle Estevez.
- The court ruled Verás did not meet legal requirements for “next friend” standing and failed to pay the filing fee.
- The case may be reopened if counsel is obtained or the detainee files his own petition.