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Federal Judge Orders Immediate Release, Cites 72 Violated Habeas Orders, Warns DOJ and DHS

The ruling says the government abandoned mandatory-detention authority by releasing her in 2016, leaving her at large for nearly a decade.

Overview

  • U.S. District Judge Zahid N. Quraishi ordered Diana Elizabeth Cartagena Hueso released immediately after finding her re-detention unlawful.
  • He recorded a concession from the U.S. Attorney’s Office in New Jersey that 72 immigration habeas orders were violated.
  • The judge warned he will require DOJ and DHS officials to show cause and testify under oath if similar unauthorized detentions recur.
  • His opinion held that releasing Cartagena Hueso in 2016 and leaving her free for years extinguished the government's mandatory-detention authority.
  • Cartagena Hueso, a 29-year-old from El Salvador with no criminal record, was arrested in Elizabeth, New Jersey on January 26 and was repeatedly transferred between detention centers.