District of New Jersey • 2:26-cv-00205

#1

Jan 12, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-16982782.), filed by MAMADOU DIALLO. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement Order to Show Cause)(AURELIEN, FREDERIC) (Entered: 01/12/2026)

#2

Jan 12, 2026

TEXT ORDER: This matter is before the Court on Petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, D.E. 1 ("Petition") and request to issue on Order to Show Cause Why the Petition Should Not Be Granted. D.E. 1 ("Petition"). Pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, applicable to § 2241 under Rule 1(b), scope of the Rules, the Court determines that an answer to the Petition is warranted. Respondents shall file, within 7 days of this Order, an expedited answer to the Petition pursuant to Habeas Rule 5. Petitioner may file a reply brief within 3 days of the filing of the answer. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are enjoined from transferring or removing Petitioner from New Jersey during the pendency of this proceeding. The Petition and this Order shall be served on Respondent electronically. So Ordered by Judge Evelyn Padin on 1/12/2026. (bt) (Entered: 01/12/2026)

Jan 12, 2026

Text Order

Jan 12, 2026

Case Assigned to Judge Evelyn Padin. (ps)

Jan 12, 2026

Case Assigned/Reassigned

#3

Jan 13, 2026

Appear Pro Hac Vice

#4

Jan 13, 2026

Letter Rule 7.1

Jan 13, 2026

Set Deadlines as to 3 MOTION for Leave to Appear Pro Hac Vice . Motion set for 2/17/2026 before Judge Evelyn Padin. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (amv)

Jan 13, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#5

Jan 14, 2026

Substitution of Attorney

#6

Jan 15, 2026

Response to Habeas Petition

#7

Jan 16, 2026

Response in Opposition to Motion

#8

Jan 21, 2026

Order on Motion for Leave to Appear Pro Hac Vice

#9

Jan 21, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner Mamadou Oury Diallo's Petition for Writ of Habeas Corpus 28 U.S.C. § 2241, D.E. 1 ("Petition"), asserting he is unlawfully detained by immigration authorities under 28 U.S.C. § 1225(b) without a bond hearing, and that he is entitled to a bond hearing pursuant to 8 U.S.C. § 1226(a) and 8 C.F.R. § 236.1(d). Respondents filed a letter response, D.E. 6, stipulating to the facts alleged in the Petition, and acknowledging that they rely on the same statutory interpretation set forth in Matter of Yajure Hurtado, 29 I&N Dec. 215 (B.I.A. 2025), which this Court rejected in Lomeu v. Soto, Civ. No. 25-16589, 2025 WL 2981296 (D.N.J. Oct. 23, 2025). Petitioner filed a reply brief. D.E. 7 . Therefore, for the same reasons stated in Lomeu, the Court GRANTS the Petition. Respondents shall provide Petitioner a bond hearing as soon as practical but no more than 7 days from the date of this Order. Respondents shall file a letter on the docket, within 3 days of the bond hearing, advising the Court of the outcome. So Ordered by Judge Evelyn Padin on 1/21/2026. (bt) (Entered: 01/21/2026)

Jan 21, 2026

Text Order

#10

Jan 28, 2026

Letter

#11

Jan 29, 2026

Letter

#12

Jan 30, 2026

Letter

#13

Feb 03, 2026

Letter

#14

Feb 04, 2026

TEXT ORDER: The Court is in receipt of the parties' letters regarding the bond hearing ordered by the Court in D.E. 9 . D.Es. 10, 11, 12, 13 (together, the "Letters").In light of the alleged deficiencies with respect to Petitioner's aborted bond hearing originally scheduled for January 27, 2026, outlined in the Letters, Respondents are ORDERED to provide Petitioner with a bond hearing within 5 days of this Order. Respondents are further ORDERED to provide Petitioner's counsel with prompt notice of the bond hearing. Finally, Respondents are ORDERED to, within 3 days of the bond hearing, file a status update on the outcome of the bond hearing. So Ordered by Judge Evelyn Padin on 2/4/2026. (bt) (Entered: 02/04/2026)

Feb 04, 2026

Text Order

#15

Feb 05, 2026

Letter

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Feb 10, 2026

Letter

#17

Feb 12, 2026

Letter