District of New Jersey • 2:26-cv-00938

#1

Jan 29, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17045271.), filed by TEIMURAZ SHEKRILADZE. (Attachments: # 1 Civil Cover Sheet)(BERMAN, ZLATA) (Entered: 01/29/2026)

#2

Jan 29, 2026

First MOTION for Temporary Restraining Order by TEIMURAZ SHEKRILADZE. (BERMAN, ZLATA) (Entered: 01/29/2026)

#3

Jan 30, 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 a temporary restraining order ("TRO") enjoining Respondents from transferring Petitioner (D.E. No. 2 ("Motion for TRO"), and he asks the Court to enter an order to show cause ("OTSC") directing Respondents to explain why the writ should not be granted within three days (Pet. at 7). 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 TRO and the OTSC request are 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 new blanket policy and the recent decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Pet. Paras. 3, 11). 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: (i) Petitioner arrived in the United States near San Luis, Arizona, without inspection on December 26, 2021; (ii) on December 30, 2021, he was released from U.S. Immigration and Customs Enforcement ("ICE") custody on his own recognizance; (iii) since December 2021, he has continuously resided in the United States; and (iv) on January 27, 2026, in the interior of the United States, Petitioner was arrested at a regularly scheduled ICE check-in at 26 Federal Plaza, New York, New York. (Pet. Paras. 17, 19). Based on these alleged facts, Diaz Rudecindo controls this present matter. Diaz Rudecindo, 2025 WL 3470299, 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 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 TRO (D.E. 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 Esther Salas on 1/30/2026. (ek) (Entered: 01/30/2026)

Jan 30, 2026

Text Order

Jan 30, 2026

Case Assigned/Reassigned

Jan 30, 2026

Case Assigned to Judge Esther Salas. (ps)

#4

Feb 03, 2026

Substitution of Attorney

#5

Feb 06, 2026

Letter