District of New Jersey • 3:26-cv-01296

#1

Feb 09, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17080600.), filed by KWAMI SEMEKONAWO EGBETO. (Attachments: # 1 Civil Cover Sheet)(GOULD, JASON) (Entered: 02/09/2026)

#2

Feb 09, 2026

APPLICATION/PETITION for Issuance of Order to Show Cause for by KWAMI SEMEKONAWO EGBETO. (Attachments: # 1 Memorandum of Law in Support of Petitioner's Emergency Motion for Temporary Restraining Order, # 2 Text of Proposed Order to Show Cause for Emergency Temporary Restraining Order, # 3 Certificate of Service)(GOULD, JASON) (Entered: 02/09/2026)

#3

Feb 10, 2026

TEXT ORDER: This matter is before the Court on Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Petitioner also filed an application/petition for an order to show cause ("OTSC") (ECF No. 2 ) and requests a temporary restraining order ("TRO") ordering Respondents to release him from detention or, in the alternative, enjoining Respondents from transferring or moving Petitioner outside of the jurisdiction of this Court pending further briefing and order of this Court (ECF No. 2 -1 at 2). 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 application/petition for OTSC and request for TRO are DENIED as moot, and the Clerk of the Court shall TERMINATE the Motion pending at ECF No. 2. According to Petitioner, Respondents are detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to a July 8, 2025 Department of Homeland Security ("DHS") memorandum. (ECF No. 1 Para. 49). Under this Court's recent decisions in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), Flores v. Rokosky, No. 25-18998, 2026 WL 84434 (D.N.J. Jan. 12, 2026), and Mistry v. Rokosky, No. 25-17647, ECF No. 15 ("Mistry Jan. 28, 2026 Mem. & Order"), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, Chen, 2025 WL 3527239, at *2-4; Flores, 2026 WL 84434, at *2-3; Mistry,Jan. 28, 2026 Mem. & Order at 5-9. Specifically, it appears that, inter alia: (1) on or about October 5, 2013, Petitioner entered the United States at JFK International Airport on a valid F-1 student visa; (2) Petitioner has remained in the United States and, in 2017, applied for asylum; (3) Petitioner has been "a law-abiding and productive member of American society, holding gainful employment, following the law, paying taxes, avoiding any criminal convictions, and complying with DHS and other immigration requirements;" and (4) on or about February 4, 2026, in the interior of the United States, Petitioner was arrested by U.S. Immigration and Customs Enforcement officers after appearing for an asylum interview with U.S. Citizenship and Immigration Services in Newark, New Jersey. (ECF No. 1 Paras. 2-5, 36-40.) Based on these alleged facts, this Court's rulings in Chen, Flores, and Mistry control this present matter. Chen, 2025 WL 3527239, at *4; Flores, 2026 WL 84434, at *2-3; Mistry Jan. 28, 2026 Mem. & Order at 5-9. 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 IJ who shall assess whether he 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 this Court's decisions do 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 the Court shall forward a copy of the Petition (ECF No. 1), the attachment to the Petition (ECF No. 1-1), the application/petition for OTSC (ECF No. 2), the attachments to the application/petition for OTSC (ECF Nos. 2-1 & 2-2), 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 Georgette Castner on 2/10/2026. (jmh) (Entered: 02/10/2026)

#4

Feb 10, 2026

NOTICE of Appearance by DANIEL W. BORNEMAN on behalf of KWAMI SEMEKONAWO EGBETO (BORNEMAN, DANIEL) (Entered: 02/10/2026)

Feb 10, 2026

Text Order

Feb 10, 2026

Docket Annotation (public)

Feb 10, 2026

Add and Terminate Judges

Feb 10, 2026

Notice of Judicial Preferences

Feb 10, 2026

QC - Incorrect Event Selected

Feb 10, 2026

3 Text Order and ECF Nos 1 and 2 emailed to USANJ-HabeasCases@usdoj.gov on 2/10/2026. (jmh)

Feb 10, 2026

CLERK'S QUALITY CONTROL MESSAGE - The 2 Motion for TRO filed by Jason Gould on 2/9/2026 was submitted incorrectly as an APPLICATION/PETITION. IN THE FUTURE, PLEASE SUBMIT THE MOTION FOR TRO USING the event MOTION FOR TRO. This submission will remain on the docket unless otherwise ordered by the court. (jjc)

Feb 10, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, )

Feb 10, 2026

Judge Georgette Castner added. (jjc, )

#5

Feb 11, 2026

Substitution of Attorney

#6

Feb 17, 2026

Letter

#7

Feb 19, 2026

Letter

#8

Feb 19, 2026

Order

Feb 20, 2026

Order of Dismissal