District of New Jersey • 3:25-cv-12387

#1

Jun 30, 2025

PETITION for Writ of Habeas Corpus Received filed by EVGENY MASHCHENKO and EVGENIIA MASHCHENKO. (Attachments: # 1 Cover Sheet, # 2 Exhibit, # 3 Certificate of Service, # 4 Envelope)(mlh) (Entered: 07/01/2025)

Jul 01, 2025

Notice of Judicial Preferences

Jul 01, 2025

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (mlh)

#2

Jul 02, 2025

ORDER directing the Clerk to Administratively terminate this matter; The Clerk is directed to send each Petitioner a blank affidavit of poverty. Signed by Judge Robert Kirsch on 7/2/2025. (jal, ) (Entered: 07/02/2025)

Jul 02, 2025

Order of Dismissal

#3

Jul 03, 2025

ORDER that, within 20 days, Respondent shall electronically file a full and complete answer to the Petition, which responds to the factual and legal allegations of the Petition; The Court directs Petitioners to pay the $5.00 filing fee or submit individual affidavits of poverty within 60 days and the Clerk of the Court shall send each Petitioner a blank affidavit of poverty. Signed by Judge Robert Kirsch on 7/3/2025. (jal, ) (Entered: 07/03/2025)

Jul 03, 2025

CLERK'S QUALITY CONTROL MESSAGE - Please note the ORDER attached to docket entry 2 filed by the Clerk's office on July 2, 2025 was docketed in error and has been removed from the docket. Please disregard. (pdm)

Jul 03, 2025

QC - Incorrect Entry made by Clerk's Office Staff

#4

Jul 07, 2025

NOTICE of Appearance by MARGARET ANN MAHONEY on behalf of All Defendants (MAHONEY, MARGARET) (Entered: 07/07/2025)

#5

Jul 10, 2025

Letter

#6

Jul 15, 2025

Letter from Defendants in support of the request for a brief extension of time to answer. (MAHONEY, MARGARET) (Entered: 07/15/2025)

Jul 16, 2025

Filing fee: $ 5, receipt number TRE144945 (jal, )

Jul 16, 2025

Filing Fee Received

#7

Jul 17, 2025

ORDER Granting 6 Respondents' extension request to file their Answer by 8/6/2025. Signed by Judge Robert Kirsch on 7/17/2025. (amv,n.m.) (Entered: 07/17/2025)

#8

Jul 21, 2025

Mail Returned as Undeliverable. Mail sent to EVGENIIA MASHCHENKO (kht) (Entered: 07/21/2025)

#9

Jul 22, 2025

MOTION to Clarify or Supplement Relief Requested in Habeas Petition by EVGENY MASHCHENKO. (Attachments: # 1 Envelope)(mlh) (Entered: 07/25/2025)

Jul 25, 2025

Set Deadlines as to 9 MOTION. Motion set for 8/18/2025 before Judge Robert Kirsch. 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. (mlh)

Jul 25, 2025

Set/Reset Motion and R&R Deadlines/Hearings

#10

Jul 31, 2025

Mail Returned as Undeliverable. Mail sent to EVGENIIA MASHCHENKO (kht) Modified on 7/31/2025 (kht). (Entered: 07/31/2025)

#11

Jul 31, 2025

Mail Returned

#12

Aug 05, 2025

NOTICE of Appearance by ALEX D. SILAGI on behalf of PAM BONDI, KRISTI NOEM, ERIC ROKOSKY, JOHN TSOUKARIS (SILAGI, ALEX) (Entered: 08/05/2025)

#13

Aug 06, 2025

RESPONSE to Petition for Writ of Habeas Corpus by PAM BONDI, KRISTI NOEM, ERIC ROKOSKY, JOHN TSOUKARIS.(SILAGI, ALEX) (Entered: 08/06/2025)

#14

Aug 06, 2025

Exhibit to 13 Response to Habeas Petition Exhibit A - Notice of Appear to Petitioner Evgeny by PAM BONDI, KRISTI NOEM, ERIC ROKOSKY, JOHN TSOUKARIS. (Attachments: # 1 Exhibit B - Notice to Appear to Petitioner Evgenia, # 2 Exhibit C - CAT Assessment Worksheet and CAT Assessment Notice, # 3 Exhibit D - May 26, 2025, Letter, # 4 Exhibit E - Email Correspondence, # 5 Exhibit F - Form I-860 Determination of Inadmissibility and Expedited Removal Order., # 6 Exhibit G - CAT Assessment Instructions and Implementation Guidance (Jan. 31, 2025))(SILAGI, ALEX)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 08/06/2025)

#15

Aug 12, 2025

Mail Returned as Undeliverable. Mail sent to EVGENY MASHCHENKO (dmr3) (Entered: 08/13/2025)

#16

Aug 14, 2025

Mail 3 Returned as Undeliverable. Mail sent to EVGENIIA MASHCHENKO. (amv) (Entered: 08/14/2025)

#17

Aug 19, 2025

Seal

#18

Aug 20, 2025

Response (NOT Motion)

Aug 20, 2025

Set/Reset Motion and R&R Deadlines/Hearings

Aug 20, 2025

Set Deadlines as to 17 MOTION to Seal Exhibits A to G. Motion set for 9/15/2025 before Judge Robert Kirsch. 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. (dmr3)

#19

Aug 27, 2025

Mail Returned

#20

Aug 28, 2025

Response (NOT Motion)

#21

Sep 29, 2025

Expedite

Sep 29, 2025

Set/Reset Motion and R&R Deadlines/Hearings

Sep 29, 2025

Set Deadlines as to 21 MOTION to Expedite. Motion set for 10/20/2025 before Judge Robert Kirsch. 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. (mlh)

#22

Jan 12, 2026

Status Report

#23

Jan 12, 2026

Status Report

#24

Jan 14, 2026

Notice of Appearance

#25

Jan 14, 2026

Notice (Other)

#26

Jan 15, 2026

Order to Show Cause

#27

Jan 16, 2026

Letter

#28

Jan 16, 2026

Application/Petition

#29

Jan 16, 2026

TEXT ORDER: A Telephone Conference has been scheduled for 3:30 p.m. on Wednesday, January 21, 2026. Participants are directed to dial 855-244-8681 and when prompted, enter access code 2303 040 4763 followed by ##. Based upon the representation that parties are cooperating, the Court will stay all filing deadlines until further order of the Court. So Ordered by Judge Robert Kirsch on 01/16/2026. (pdm) (Entered: 01/16/2026)

Jan 16, 2026

Text Order AND ~Util - Set Hearings

#30

Jan 21, 2026

Notice (Other)

#31

Jan 21, 2026

Telephone Conference

#32

Jan 21, 2026

TEXT ORDER: This matter having come before the Court on a Petition brought by Evgeny and Evgeniia Mashchenko ("Petitioners") (ECF No. 1 ); and the Court having held a telephone conference with the parties and having determined that the due process analysis in German Santos v. Warden Pike County Correctional Facility, 965 F.3d 203, 210-12 (3d Cir. 2020) also applies to Petitioners who are detained under 8 U.S.C. § 1225; and the Court having further found that each of the factors in German Santos weighs in favor of habeas relief in this case and that the mandatory detention of Evgeny and Evgenia Mashchenko has become unreasonably prolonged. In light of these findings, the Court GRANTS the Petition brought pursuant to 28 U.S.C. § 2241. Respondents are hereby ORDERED to provide each Petitioner with an individualized bond hearing before an immigration judge within 7 days at which the government bears the burden of showing that Petitioner is a flight risk or danger to the community. See De Oliveira Viegas v. Green, 370 F. Supp.3d 443, 449 (D.N.J., 2019) (placing the burden on the government at bond hearing to show that noncitizen detained under 8 U.S.C. § 1225 is a flight risk or a danger to the community); Tuser E. v. Rodriguez, 370 F. Supp.3d 435, 443 (D.N.J., 2019) (same); A.L. v. Oddo, 761 F.Supp.3d 822, 826 (W.D. Pa. 2025) (same); Maksaddzhon A. v. Pittman, No. 25-13734, 2025 WL 3648710, at *3 (D.N.J. Dec. 17, 2025) (same). An opinion setting forth the reasons for this Court's decision shall follow this Text Order. So Ordered by Judge Robert Kirsch on 01/21/2026. (pdm) (Entered: 01/21/2026)

Jan 21, 2026

Text Order

#33

Jan 25, 2026

Memorandum

#34

Feb 03, 2026

Status Report

Feb 06, 2026

Order on Motion for Miscellaneous Relief