District of New Jersey • 2:26-cv-01195

#1

Feb 06, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number BNJDC-17070889.), filed by SALEM ALLABOUCH. (Attachments: # 1 Civil Cover Sheet, # 2 Certificate of Service, # 3 Exhibit Delaney Hall ICE locator, # 4 Exhibit Screenshot of email from Chief Immigration Judge, # 5 Exhibit removal proceedings docket, # 6 Exhibit master calendar hearing notice with graph, # 7 Exhibit Long Island City Adress letter dated 12/22/2025, # 8 Exhibit photos and friends support letter)(HYKEL CUDDY, RENEE) (Entered: 02/06/2026)

#2

Feb 06, 2026

First MOTION for Leave to Appear Pro Hac Vice by SALEM ALLABOUCH. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(HYKEL CUDDY, RENEE) (Entered: 02/06/2026)

#3

Feb 06, 2026

Notice of Request by Pro Hac Vice Eric Rosenfeld to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 250 receipt number ANJDC-17071416.) (HYKEL CUDDY, RENEE) (Entered: 02/06/2026)

#4

Feb 06, 2026

Emergency MOTION for Temporary Restraining Order by SALEM ALLABOUCH. (Attachments: # 1 Certificate of Service)(HYKEL CUDDY, RENEE) (Entered: 02/06/2026)

#5

Feb 06, 2026

TEXT ORDER : This matter is before the Court on the Petitioner;s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet")). Petitioner also requests an order to show cause ("OTSC") (id. at 21) and seeks a temporary restraining order ("TRO") enjoining his removal from New Jersey until final resolution of his Petition (D.E. No. 4 ("Motion for TRO")). 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. Petitioner's request for an OTSC is DENIED as moot. The Motion for TRO is DENIED as moot, and the Clerk of Court shall TERMINATE the Motion pending at D.E. No. 4 . According to Petitioner, Respondents are presently detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to a July 8, 2025 Department of Homeland Security memorandum and the recent decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Pet. at 2, 8). 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 entered the United States without inspection; (ii) he has resided in the United States for "several years," has no criminal record and has complied with all legal obligations; and (iii) in January 2026, in the interior of the United States, Petitioner was randomly arrested and detained in public by U.S. Immigration and Custody Enforcement officers. (Pet. at 3, 5-6). 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 Rudecindo 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 attachments to the Petition (D.E. Nos. 1 -1 through 1 -8), the Motion for TRO (D.E. No. 4 ), the attachment to the Motion for TRO (D.E. No. 4 ), Petitioner's pro hac vice filings in this mater (D.E. Nos. 2, 2 -1, 2 -2, & 3 ), 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 2/6/2026. (ek) (Entered: 02/06/2026)

#6

Feb 06, 2026

ORDER Granting 2 Motion for Leave to Appear Pro Hac Vice as to Eric Rosenfeld, Esq. Signed by Judge Esther Salas on 2/6/2026. (sms2) (Entered: 02/06/2026)

Feb 06, 2026

Case Assigned/Reassigned

Feb 06, 2026

Case assigned to Judge Esther Salas. (tjg, )

Feb 06, 2026

Text Order

#7

Feb 08, 2026

NOTICE of Application for Writ by SALEM ALLABOUCH (Attachments: # 1 Certification Cert of Service, # 2 Exhibit A, # 3 Exhibit B)(HYKEL CUDDY, RENEE) (Entered: 02/08/2026)

#8

Feb 09, 2026

TEXT ORDER : This matter comes before the Court on Petitioner's Notice of Application for Writ. (D.E. No. 7 ("Notice")). Within twenty-four (24) hours of the entry of this Text Order, Respondents shall file a response to Petitioner's Notice. So Ordered by Judge Esther Salas on 2/9/2026. (ek) (Entered: 02/09/2026)

Feb 09, 2026

Text Order

#9

Feb 10, 2026

Substitution of Attorney

#10

Feb 10, 2026

Letter

#11

Feb 11, 2026

Order

#12

Feb 18, 2026

Letter

Mar 05, 2026

Terminate Civil Case

Mar 05, 2026

Text Order