Maria Chavez challenged her detention at Delaney Hall, claiming she was entitled to a bond hearing
NEWARK, NJ – A federal judge has denied a habeas corpus petition filed by Maria Chavez, a Peruvian national held at Delaney Hall Detention Facility in Newark, ruling that U.S. Immigration and Customs Enforcement (ICE) is lawfully detaining her under mandatory detention provisions of federal immigration law.
Key Points
- Maria Chavez, a citizen of Peru, entered the U.S. without inspection and was later taken into ICE custody.
- She filed for asylum and argued that she was entitled to a bond hearing under 8 U.S.C. § 1226(a).
- The court ruled her detention falls under 8 U.S.C. § 1225(b)(1), which mandates detention for certain asylum seekers.
Asylum seeker challenges detention without bond hearing
Chavez filed her petition under 28 U.S.C. § 2241, arguing that the Department of Homeland Security (DHS) was unlawfully detaining her without the opportunity for a bond hearing. She asserted that her confinement was improperly based on a Board of Immigration Appeals (BIA) decision that removed jurisdiction from immigration judges to hear bond requests for certain detainees.
Citing Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025), Chavez maintained that her detention should be governed by 8 U.S.C. § 1226(a), which would make her eligible for a bond hearing before an immigration judge.
Government argues detention is mandatory
Attorneys for DHS and the U.S. Department of Justice opposed the petition, asserting that Chavez’s detention is mandatory under 8 U.S.C. § 1225(b)(1) because she entered the country unlawfully and was placed in expedited removal proceedings.
According to the court record, Chavez entered the United States without inspection in late 2024 and was detained by immigration authorities soon afterward. She applied for asylum in February 2025 but was later arrested by the Jersey City Police Department on December 26, 2025, for simple assault. ICE took custody of her the following day.
“Petitioner thus falls under the mandatory detention requirements of § 1225(b)(1),” the government wrote in its response.
Court finds detention lawful under immigration law
Judge Susan D. Wigenton concluded that Chavez’s detention is authorized by statute and that the court lacks grounds to order her release. The opinion explained that habeas relief under § 2241 applies only when an individual is “in custody in violation of the Constitution or laws or treaties of the United States,” and found that Chavez did not meet that standard.
Because she was detained after passing an initial credible-fear interview in expedited removal proceedings, the court ruled that her custody falls squarely within the scope of mandatory detention provisions.
Chavez remains detained at Delaney Hall while her asylum and immigration proceedings continue.
Tags: Newark, immigration, ICE
