District of New Jersey • 3:26-cv-00538

ANWARI v. SOTO

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Case Information

Filed: January 16, 2026
Assigned to: Georgette Castner
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: January 29, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 16, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17003731.), filed by JAHAN SHIR ANWARI. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(GOZEL, ARIF) (Entered: 01/16/2026)
Main Document: Petition for Writ of Habeas Corpus
Jan 16, 2026
Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, )
Jan 16, 2026
Case Assigned to Judge Georgette Castner. (ps)
Jan 16, 2026
Notice of Judicial Preferences
Jan 16, 2026
Case Assigned/Reassigned
#2
Jan 20, 2026
Corporate Disclosure Statement (aty)
Main Document: Corporate Disclosure Statement (aty)
#3
Jan 21, 2026
TEXT ORDER: This matter is before the Court on Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Petitioner requests an order to show cause ("OTSC"), and he also asks for an order staying his transfer outside of the District of New Jersey. (See ECF No. 1 at 20-21.) The request for an OTSC is DENIED as moot. Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. According to the Petitioner, Respondents are presently detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to a July 8, 2025 Department of Homeland Security memorandum and the decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (See ECF No. 1 -2 Paras. 39-41.) Under this Court's recent decision in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, id. at *2-4. Specifically, it appears that, inter alia: (1) on or about Mach 5, 2023, Petitioner entered the United States at or near Calexico, California, was encountered by federal officers, and placed in standard non-expedited removal proceedings; (2) on April 28, 2023, Petitioner was released on his own recognizance pursuant to § 1226; (3) since his entry and release from custody, Petitioner has continuously resided in the United States, has fully complied with all conditions of his release, and has no criminal record; and (4 ) on January 12, 2026, in the interior of the United States, Petitioner was detained by U.S. Immigration and Customs Enforcement ("ICE") officers when he arrived at an appointment at the ICE office "for case review and updates." (ECF No. 1 Paras. 24-27, 30.) Based on these alleged facts, Chen controls this present matter. Chen, 2025 WL 3527239, at *4. In accordance with 8 U.S.C. § 1226(a), within ten (10) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether he presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. Alternatively, if Respondents contend that Chen does not control, they shall file an expedited answer within seven (7) days of the date of entry of this Text Order, and Petitioner may file a reply within five (5) days of the date of filing of Respondents' expedited answer. Finally, the Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attached documents (ECF Nos. 1 -1 through 1-6), the corporate disclosure statement (ECF No. 2 ), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Georgette Castner on 1/21/2026. (jmh) (Entered: 01/21/2026)
Jan 21, 2026
Text Order
Jan 21, 2026
Docket Annotation (public)
Jan 21, 2026
3 Text Order and ECF No. 1 emailed to USANJ-HabeasCases@usdoj.gov on 1/21/2026. (jmh)
#4
Jan 28, 2026
Letter
Main Document: Letter
Jan 29, 2026
Order of Dismissal AND Text Order