District of New Jersey • 2:26-cv-00729

SULUGUI CHIYAL v. GENALO

Active

Case Information

Filed: January 23, 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 27, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 17, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32279687) Request for emergency relief to be separately filed..Document filed by EDGAR ESTUARDO SULUGUI CHIYAL, EDGAR ESTUARDO. (Attachments: # 1 Exhibit Unaccompanied Minor Release Form, # 2 Exhibit ICE Inmate Locator Showing Manhattan Holding Pen).(Musa-Obregon, S. Michael) (Entered: 01/17/2026)
Main Document: PETITION
#2
Jan 17, 2026
PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by EDGAR ESTUARDO SULUGUI CHIYAL, EDGAR ESTUARDO..(Musa-Obregon, S. Michael) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 01/17/2026)
Main Document: PROPOSED
#3
Jan 17, 2026
ORDER STAYING REMOVAL AND TRANSFER (Signed by Judge J. Paul Oetken (Part I) on 1/17/2026) (Oetken, J.) Transmission to Office of the Clerk of Court for processing. (Entered: 01/17/2026)
Main Document: ORDER
#4
Jan 20, 2026
ORDER: The Court, having examined the Petition in this action, which Petitioner filed under 28 U.S.C. § 2241, orders that: The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued. By January 27, 2026, the U.S. Attorneys Office shall file an answer or other pleadings in response to the Petition, explaining the basis for Petitioner's detention and Petitioner's location. Petitioner may file reply papers, if any, by February 3, 2026. In preparing their papers, the parties shall discuss whether, if the statutory provision under which the Government asserts the authority to detain Petitioner is 8 U.S.C. § 1225(b)(2)(A), there is any basis to distinguish this case from this Court's recent decision in Chen v. Almodovar, No. 25 Civ. 9670 (JPC), 2026 WL 100761 (S.D.N.Y. Jan. 14, 2026). The order entered on January 17, 2026, staying Petitioner's removal and transfer is hereby vacated. See Dkt. 3 at 2 (explaining that the order may be "vacated or modified by the judge who is assigned to this action"). SO ORDERED. (Signed by Judge John P. Cronan on 1/20/2026) (jca) (Entered: 01/20/2026)
Main Document: ORDER:
Jan 20, 2026
Case Designated ECF. (gp)
Jan 20, 2026
***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. 2 Proposed Temporary Restraining Order was reviewed and approved as to form. (nd)
Jan 20, 2026
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney S. Michael Musa-Obregon. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp)
Jan 20, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp)
Jan 20, 2026
Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp)
#5
Jan 22, 2026
NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Pam Bondi, Kenneth Genalo, Todd M. Lyons, Kirsti Noem..(Waterman, Brandon) (Entered: 01/22/2026)
Main Document: NOTICE
#6
Jan 22, 2026
PROPOSED STIPULATION AND ORDER. Document filed by Pam Bondi, Kenneth Genalo, Todd M. Lyons, Kirsti Noem..(Waterman, Brandon) (Entered: 01/22/2026)
Main Document: PROPOSED
#7
Jan 22, 2026
STIPULATION AND ORDER OF TRANSFER OF VENUE: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that this action shall be and hereby is transferred to the U.S. District Court for the District of New Jersey, and that the seven-day waiting period in Local Civil Rule 83.1 is waived. SO ORDERED. (Signed by Judge John P. Cronan on 1/22/2026) (vfr) (Entered: 01/22/2026)
Main Document: Stipulation and Order
#8
Jan 22, 2026
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey.(vfr) (Entered: 01/22/2026)
Main Document: Case Transferred Out - District Court Transfer
#9
Jan 23, 2026
Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:26-cv-00457. Original file certified copy of transfer order and docket sheet received. (Entered: 01/23/2026)
Main Document: Case Transferred In - District Court Transfer
Jan 23, 2026
Judge Michael E. Farbiarz added. (jjc, )
Jan 23, 2026
Add and Terminate Judges
#10
Jan 25, 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 1/26/2026. (ro, ) (Entered: 01/25/2026)
Jan 25, 2026
Text Order
#11
Jan 26, 2026
Substitution of Attorney - Attorney FRANCES C. BAJADA terminated. Attorney DAVID INKELES for PAM BONDI,DAVID INKELES for KENNETH GENALO,DAVID INKELES for TODD M LYONS,DAVID INKELES for KRISTI NOEM added.. (INKELES, DAVID) (Entered: 01/26/2026)
Main Document: Substitution of Attorney
#12
Jan 26, 2026
Letter from the United States Attorney's Office re: Effect of Third Circuit's Decision in Khalil re 10 Text Order,,,,. (INKELES, DAVID) (Entered: 01/26/2026)
Main Document: Letter
#13
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 Agyun v. Soto (2:25-cv-18540-MEF) (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 1/29/26. (ro, ) (Entered: 01/29/2026)
Jan 29, 2026
Text Order
#14
Feb 02, 2026
Letter
Main Document: Letter
#15
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)
Feb 05, 2026
Text Order
#16
Feb 06, 2026
Letter
Main Document: Letter
#17
Feb 06, 2026
TEXT ORDER: In light of the letter at ECF 16, no bond hearing must today go forward. The Petitioner shall file a response on or before February 10 at noon. So Ordered by Judge Michael E. Farbiarz on 2/6/26. (ro, ) (Entered: 02/06/2026)
Feb 06, 2026
Text Order
#18
Feb 10, 2026
Letter
Main Document: Letter
#19
Feb 11, 2026
Order
Main Document: Order
#20
Feb 16, 2026
Notice of Appearance
Main Document: Notice of Appearance
#21
Feb 27, 2026
Mail Returned
Main Document: Mail Returned