District of New Jersey • 2:26-cv-00777

KUMAR v. SOTO

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Case Information

Filed: January 25, 2026
Assigned to: Michael E. Farbiarz
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: February 24, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 25, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17027586.), filed by BALJINDER KUMAR. (Attachments: # 1 Civil Cover Sheet)(GOLDMAN, MICHAEL) (Entered: 01/25/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 25, 2026
MOTION for Order to Show Cause by BALJINDER KUMAR. (Attachments: # 1 Text of Proposed Order)(GOLDMAN, MICHAEL) (Entered: 01/25/2026)
Main Document: Show Cause
Jan 25, 2026
Case Assigned to Judge Michael E. Farbiarz. (ps)
Jan 25, 2026
Case Assigned/Reassigned
#3
Jan 26, 2026
TEXT ORDER: Acting pursuant to the All Writs Act, see 28 U.S.C. § 1651, the Court hereby enjoins the Respondents and those acting for them from removing the Petitioner from this District or causing his removal. This is an administrative stay, the purpose of which is to briefly freeze the status quo and preserve the Court's jurisdiction should it exist. See Zheng v. Bondi, 2025 WL 280542, at *1 (D.N.J. Sept. 26, 2025). Whether, after the Court of Appeals' decision in Khalil v. President, United States of America, 2026 WL 111933 (3d Cir. Jan. 15, 2026), the Court has habeas jurisdiction in a certain class of cases is an issue now being briefed in another case. See Aygun v. Soto, 2026 WL 136151, at *1 (D.N.J. Jan. 16, 2026). On or before January 26 at 11:59pm, the Respondents shall indicate whether its habeas jurisdiction arguments in Aygun v. Soto are different in any meaningful way from any habeas jurisdiction arguments that might be relevant in this case. The Petitioner shall file a letter brief on or before January 30 at noon indicating whether, after the Court of Appeals' Khalil decision, the Court has habeas jurisdiction in this case.. So Ordered by Judge Michael E. Farbiarz on 1/26/26. (ro, ) (Entered: 01/26/2026)
#4
Jan 26, 2026
Substitution of Attorney - Attorney FRANCES C. BAJADA terminated. Attorney JESSICA L. GUARRACINO for PAMELA BONDI,JESSICA L. GUARRACINO for TODD M. LYONS,JESSICA L. GUARRACINO for KRISTI NOEM,JESSICA L. GUARRACINO for LUIS SOTO added.. (GUARRACINO, JESSICA) (Entered: 01/26/2026)
Main Document: Substitution of Attorney
#5
Jan 26, 2026
Letter from United States Attorney's Office re: Effect of Third Circuit's Decision in Khalil re 3 Text Order,,,,. (GUARRACINO, JESSICA) (Entered: 01/26/2026)
Main Document: Letter
#6
Jan 26, 2026
Letter
Main Document: Letter
Jan 26, 2026
Text Order
#7
Jan 29, 2026
TEXT ORDER: The Respondents shall file a letter brief on or before February 2 at 10:00am. It shall answer two questions in detail and with full reference to the governing caselaw. First, whether a federal court of appeals considering a petition for review after the Board of Immigration Appeals issues a final order of removal can consider whether the immigration courts should have treated the relevant petitioner under 8 U.S.C. § 1226(a) (as opposed to under 8 U.S.C. § 1225(b)(2)) and therefore as eligible for a bail hearing. Second, and relatedly, whether any decision of the immigration courts to treat a petitioner under 8 U.S.C. § 1226(a) (as opposed to under 8 U.S.C. § 1225(b)(2)) "is a 'matter[ ] on which the validity of the final order [of removal entered by the BIA] is contingent.'" Khalil v. President, United States, 2026 WL 111933, at *10 (3d Cir. Jan 15, 2026) (quoting Massieu v. Reno, 91 F.3d 416, 422 (3d Cir. 1996)). If yes, the Respondents shall explain why this is so. If no, the Respondents shall explain why this is not so --- and also what the implications of that are for whether 8 U.S.C. § 1252(b)(9) strips habeas jurisdiction from district courts asked to consider whether a detained noncitizen purportedly covered by 8 U.S.C. § 1225(b)(2) should be treated as covered by 8 U.S.C. § 1226(a). (The briefing to this point from the Respondents has been glancing, and not commensurate with the "complex[ity]" of this issue, as they have described it. See ECF 14. It is imperative that the letter brief due to be filed on Monday be a sustained treatment of the relevant legal issues.) The Petitioner is free to weigh in on the issues described here, by means of a letter brief to be filed on or before February 3 at 10:00am. So Ordered by Judge Michael E. Farbiarz on 1/29/2026. (ro, ) (Entered: 01/29/2026)
Jan 29, 2026
Text Order
#8
Feb 02, 2026
Letter
Main Document: Letter
#9
Feb 02, 2026
Letter
Main Document: Letter
#10
Feb 02, 2026
Status Report
Main Document: Status Report
#11
Feb 03, 2026
Status Report
Main Document: Status Report
#12
Feb 05, 2026
Status Report
Main Document: Status Report
#13
Feb 05, 2026
TEXT ORDER: The Court recently confirmed its jurisdiction over this class of cases. See Aygun v. Soto, No. 25-cv-18540 (D.N.J. Feb. 5, 2026) (ECF 22). Accordingly, a bond hearing shall be conducted on or before February 6 at 5:00pm, unless, by February 6 at 3:00pm the Respondents file a letter explaining either (i) that the Petitioner has asked to adjourn the bond hearing or (ii) that, due to relevant and meaningful procedural or factual distinctions, this case is not controlled by the Court's prior decisions in Chiquito Barzola v. Warden (25-cv-17326); Martinez Ron v. Lyons (25-cv-17359); and Mboup v. Field Off. Dir. of N.J. Immigr. & Customs Enf't (25-cv-16882). The Respondents shall file a status update letter on or before February 9 at 5:00pm. So Ordered by Judge Michael E. Farbiarz on 2/5/26. (ro, ) (Entered: 02/05/2026)
#14
Feb 05, 2026
TEXT ORDER: The Respondents have violated a judicial order. See ECF 10 . In connection with the violation, the Petitioner has sought a remedy. See ECF 9 . To evaluate the remedy that might be appropriate here, the Court will require further information. Two affidavits shall be filed by the Chief of the Civil Division of the United States Attorney's Office. Each affidavit shall be based on a sufficient investigation, personally undertaken by the Chief and described in the affidavits. The first affidavit shall be filed on or before February 9 at 5:00pm. It shall indicate in detail what happened in this case --- including precise information as to how and why the order came to be violated. The second affidavit shall be filed on or before February 10 at 5:00pm. It shall enumerate each instance in which the Respondents or people acting on their behalf violated an order issued by a judge of this district between December 5, 2025 and the present. In addition, the Respondents shall file a letter on or before February 11 at 9:00am. As to any filing on the docket that remains sealed as of that time and date, the letter shall explain why sealing meets the governing legal standards. So Ordered by Judge Michael E. Farbiarz on 2/5/26. (ro, ) (Entered: 02/05/2026)
Feb 05, 2026
Text Order
#15
Feb 06, 2026
Letter
Main Document: Letter
#16
Feb 07, 2026
Status Report
Main Document: Status Report
#17
Feb 07, 2026
Letter
Main Document: Letter
#18
Feb 09, 2026
TEXT ORDER: The requests at ECF 17 are granted. A senior Department of Justice official has stepped forward, and asked, herself, to provide the relevant sworn materials to the Court --- because the issues raised "require [her] close attention." Senior-level involvement here is indeed appropriate. Cf. United States v. Coburn, 2025 WL 776632, at *4 (D.N.J. Mar. 11, 2025) ("[a] close review by a senior [DoJ] leader serves the ends of justice") (cleaned up). And given the breadth of the senior official's duties, it makes sense that she needs some more time to accomplish the relevant tasks, including conducting an investigation as to which she herself will have the requisite personal knowledge. So Ordered by Judge Michael E. Farbiarz on 2/9/2026. (ro, ) (Entered: 02/09/2026)
#19
Feb 09, 2026
Declaration
Main Document: Declaration
#20
Feb 09, 2026
Letter
Main Document: Letter
Feb 09, 2026
Text Order
#21
Feb 13, 2026
Letter
Main Document: Letter
#22
Feb 16, 2026
Letter from Michael Z. Goldman. (GOLDMAN, MICHAEL) (Entered: 02/16/2026)
Main Document: Letter
#23
Feb 17, 2026
Order
Main Document: Order
#24
Feb 17, 2026
TEXT ORDER: The Court intends to enter an order making ECF 9, 10, 11, 12, 15, 16, 17, 19, 20, 21, 22, and 23 publicly accessible on the docket. Should a party object to that course of action, it shall a brief letter explaining the legal basis for its objection and setting out any proposed redactions. Any such letter shall be filed before noon on February 19. So Ordered by Judge Michael E. Farbiarz on 2/17/2026. (ps) (Entered: 02/17/2026)
Feb 17, 2026
Text Order
#25
Feb 19, 2026
TEXT ORDER: ECF 9, 10, 11, 12, 15, 16, 17, 19, 20, 21, 22, and 23 shall be made publicly accessible on the docket, for viewing without restriction. So Ordered by Judge Michael E. Farbiarz on 2/19/2026. (ro, ) (Entered: 02/19/2026)
Feb 19, 2026
Text Order AND ~Util - Set/Clear Flags
#26
Feb 24, 2026
Letter from Jordan Fox Requesting a One Day Extension re 23 Order. (FOX, JORDAN) (Entered: 02/24/2026)
Main Document: Letter
Feb 24, 2026
Text Order