District of New Jersey • 2:26-cv-00793

#1

Jan 26, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17028807.), filed by SUNNY KUMAR. (Attachments: # 1 Civil Cover Sheet)(GOLDMAN, MICHAEL) (Attachment 1 replaced on 1/27/2026) (mj, ). (Entered: 01/26/2026)

#2

Jan 26, 2026

MOTION for Order to Show Cause by SUNNY KUMAR. (Attachments: # 1 Text of Proposed Order)(GOLDMAN, MICHAEL) (Entered: 01/26/2026)

Jan 26, 2026

Case assigned to Judge Esther Salas. (jr)

Jan 26, 2026

Case Assigned/Reassigned

Jan 27, 2026

QC - Fillable PDF

Jan 27, 2026

CLERK'S QUALITY CONTROL MESSAGE - The 1 -1 Civil Cover Sheet filed by MICHAEL GOLDMAN on 1/26/2026 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our website under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (mj)

#3

Jan 29, 2026

TEXT ORDER : This matter is before the Court on Petitioner's motion for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (D.E. No. 1 ("Petition" or "Pet"). Petitioner also filed a motion for an order directing Respondents to show cause why the Petition should not be granted. (D.E. No. 2 ("Motion for OTSC")). 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. The Motion for OTSC is DENIED as moot, and the Clerk of Court shall TERMINATE the Motion pending at D.E. No. 2 . According to Petitioner, Respondents are presently detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to a recent decision of the Board of Immigration Appeals in In Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Pet. Para. 6). Under this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 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, that, since his entry on or about April 11, 2023, Petitioner has continuously resided in the United States, and, on January 21, 2026, he was arrested and detained in the interior of the United States. (Pet. Paras. 1-2). 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 Petitioner 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 Diaz Rudicendo 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 Court shall forward a copy of the Petition (D.E. No. 1 ), the attachment to the Petition (D.E. No. 1 -1), the Motion for OTSC (D.E. No. 2 ), the attachment to the Motion for OTSC (D.E. No. 2 -1), 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 Esther Salas on 1/29/2026. (ek) (Entered: 01/29/2026)

Jan 29, 2026

Text Order

#4

Jan 30, 2026

Substitution of Attorney

#5

Feb 05, 2026

Letter