District of New Jersey • 2:26-cv-01109

#1

Feb 04, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17062459.), filed by SALEH TAWAHA. (Attachments: # 1 Exhibit Notice to Appear, # 2 Exhibit PAROLE DOCUMENT, # 3 Exhibit WORK AUTHORIZATION CARD, # 4 Civil Cover Sheet)(ERSOY, CAGATAY) (Entered: 02/04/2026)

#2

Feb 04, 2026

TEXT ORDER: Petitioner has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, in which he alleges that he is unlawfully detained under 8 U.S.C. § 1225. D.E. 1 ("Petition"). Under this Court's recent decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296 (D.N.J. Oct. 23, 2025) (interpreting § 1225(b)(2)), this District's recent decision in Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), and other recent decisions in this District interpreting § 1225, the Court holds that Petitioner is subject to detention under § 1226(a), which entitles him to a bond hearing. It is ORDERED that, in accordance with 8 U.S.C. § 1226(a), Respondents shall, within 7 days of this Order, 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 3 days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. If Respondents contend that Petitioner's detention is distinguishable from the cases in this District previously addressing § 1225, they shall file, within 5 days of this Order, an expedited answer. In that Answer, Respondents shall inform the Court whether they stipulate that Petitioner has accurately represented his criminal record. To the extent Respondents disagree with Petitioner's representation of his criminal record, Respondents shall provide the Court with supplemental documentation supporting their position. Petitioner may file a reply within 3 days of the date of filing of Respondents' expedited answer. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are enjoined from transferring Petitioner from New Jersey while this habeas proceeding is pending. In addition, the parties shall meet and confer with respect to Petitioner's seized property. So Ordered by Judge Evelyn Padin on 2/4/2026. (bt) (Entered: 02/04/2026)

Feb 04, 2026

Case Assigned/Reassigned

Feb 04, 2026

Case assigned to Judge Evelyn Padin. (tjg, )

Feb 04, 2026

Text Order

#3

Feb 12, 2026

Substitution of Attorney

#4

Feb 12, 2026

Letter

Mar 16, 2026

Terminate Civil Case

Mar 16, 2026

Text Order