District of New Jersey • 2:26-cv-01147

KHOTRA v. TSOUKARIS

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Case Information

Filed: February 04, 2026
Assigned to: Madeline Cox Arleo
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: May 23, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 04, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17064771.), filed by SARANJIT BALJIT SINGH KHOTRA.(KAPITONOV, PETER) (Entered: 02/04/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 04, 2026
MOTION for Temporary Restraining Order by SARANJIT BALJIT SINGH KHOTRA. (Attachments: # 1 Civil Cover Sheet)(KAPITONOV, PETER) (Entered: 02/04/2026)
Main Document: Temporary Restraining Order
#3
Feb 05, 2026
ORDER TO ANSWER: The 2 motion for a TRO is GRANTED IN PART only with respect to the requests to enjoin transfer and set an expedited briefing schedule; Respondents are temporarily enjoined from transferring Petitioner from this District while this matter is pending; to the extent Respondents intend to stipulate to the relevant facts and make statutory arguments, they may file a letter response within 7 days of the date of this Order; if Respondents intend to argue that this case is factually or legally distinguishable, they shall electronically file a full and complete answer to said Petition, which responds to the factual and legal allegations of the Petition, within 14 days. Signed by Judge Madeline Cox Arleo on 2/5/2026. (sms2, n.m.) (Entered: 02/05/2026)
Main Document: Order to Answer AND ~Util - Terminate Motions
Feb 05, 2026
Case assigned to Judge Madeline Cox Arleo. (tjg, )
Feb 05, 2026
Case Assigned/Reassigned
#4
Feb 09, 2026
Substitution of Attorney
Main Document: Substitution of Attorney
#5
Feb 09, 2026
Letter
Main Document: Letter
Feb 09, 2026
QC - Fillable PDF
#6
Feb 11, 2026
Letter
Main Document: Letter
#7
May 22, 2026
TEXT ORDER - Petitioner, a citizen of India and asylum-seeker, was arrested without a warrant on September 6, 2025, in Mt. Laurel, New Jersey, at an ICE check in. Petitioner arrived in the United States on August 31, 2022, through the southern border, and he was later paroled due to lack of bed space. (ECF No. 6-2, I-213 at 2; Petition at 5-15.) It is unclear whether he was paroled under 8 U.S.C. § 1182(d)(5)(A), but Respondents claim Petitioner is lawfully detained under 8 U.S.C. § 1225(b)(2). (ECF No. 6.) The Court disagrees. To the extent he was paroled under 8 U.S.C. § 1182(d)(5)(A), his circumstances are not meaningfully distinguishable from the Petitioner in Murillo-Castillo v. Florentino, No. 25-16728 (MCA), 2026 WL 1383062, at *1 (D.N.J. May 18, 2026) (holding that the petitioner could not be mandatorily detained under 8 U.S.C. § 1225(b)(1) after he was arrested in the interior of the United States following a period of parole under 8 U.S.C. § 1182(d)(5)(A). To the extent he was simply released, he is akin to the Petitioner in Salas v. Soto, No. 25-17339 (MAS), 2026 WL 485712, at *3 (D.N.J. Feb. 21, 2026) (finding that a petitioner who was released rather than paroled from detention following inspection at a port of entry could only be detained under 8 U.S.C. § 1226(a). This Court holds that Petitioner is unlawfully detained under § 1225(b), in violation of the INA and his Fifth Amendment right to due process. Moreover, although 8 U.S.C. § 1226(a) permits discretionary detention of noncitizens based on flight risk or dangerousness, it appears that Respondents have detained Petitioner under a flawed interpretation of § 1225(b)(2). There is no indication that Petitioner has a criminal history or otherwise presents a danger, and this Court will not correct Respondents' unlawful detention. See Murillo-Castillo, 2026 WL 1383062, at *6. Accordingly, it is ORDERED that the Petition (ECF No. 1) is GRANTED. It is further ORDERED that Respondents shall release Petitioner within 24 hours. Respondents shall file a status report within three business days confirming the time of Petitioner's release. So Ordered by Judge Madeline Cox Arleo on 5/22/2026. (aa, ) (Entered: 05/22/2026)
May 22, 2026
Order
#8
May 23, 2026
Letter from U.S. Attorney's Office re Petitioner's Release re 7 Order,,,,,,,,,. (KAPLAN, SARINA) (Entered: 05/23/2026)
Main Document: Letter
#9
May 23, 2026
Letter from U.S. Attorney's Office re: Update on Petitioner's Release re 7 Order,,,,,,,,, 8 Letter. (KAPLAN, SARINA) (Entered: 05/23/2026)
Main Document: Letter