District of New Jersey • 3:26-cv-01300

#1

Feb 09, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17080760.), filed by ALEKSEI BUDAEV. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(SOBEL, JONATHAN) (Entered: 02/09/2026)

#2

Feb 09, 2026

MOTION for Temporary Restraining Order by ALEKSEI BUDAEV. (Attachments: # 1 Memorandum)(SOBEL, JONATHAN) (Entered: 02/09/2026)

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Feb 10, 2026

TEXT ORDER: Petitioner ALEKSEI BUDAEV has filed a habeas petition alleging that he is unlawfully detained under 8 U.S.C. § 1225(b)(2)(A) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). Petitioner has also filed a Motion for a Temporary Restraining Order ("TRO") (ECF No. 2 ), which the Court GRANTS IN PART as follows. Petitioner is a citizen of Russia who was apprehended by immigration authorities on January 24, 2023, and was released on recognizance. (ECF No. 1, Petition at 1-2; See also ECF No. 1-2, Exhibit A.) Petitioner complied with the conditions of his release but was re-arrested on February 8, 2026, and detained at Delaney Hall. (Id. at 2.) In Mejia v. Cabezas, No. 25-CV-17094, 2025 WL 3294405, at *2 (D.N.J. Nov. 14, 2025), this Court held that a similarly situated noncitizen could only be detained under 8 U.S.C. § 1226(a); see also Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025). It is, therefore, ORDERED that in accordance with 8 U.S.C. § 1226(a), within seven (7) 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 he presents a flight risk or a danger to the community, pursuant to 8 C.F.R. § 236.1(c)(8), (d)(1). It is further ORDERED that 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 case is factually or legally distinguishable, they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days thereafter. Pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are temporarily enjoined from transferring Petitioner from this District while this habeas proceeding is pending. So Ordered by Judge Robert Kirsch on 02/09/2026. (pdm) (Entered: 02/10/2026)

Feb 10, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: The correct Nature of Suit for this case is 463 - Habeas Corpus - Alien Detainee, not 120 Marine. The correct Jurisdiction is U.S. Government Defendant. Please make note of this for future filings . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

Feb 10, 2026

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

Feb 10, 2026

Judge Robert Kirsch added. (jjc, )

Feb 10, 2026

Order on Motion for TRO

Feb 10, 2026

QC - Attorney Case Opening

Feb 10, 2026

Notice of Judicial Preferences

Feb 10, 2026

Add and Terminate Judges

#4

Feb 13, 2026

Notice (Other)

#5

Feb 14, 2026

Substitution of Attorney

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Feb 14, 2026

Letter

Mar 10, 2026

Order of Dismissal