District of New Jersey • 2:26-cv-01351

#1

Feb 10, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17085546.), filed by ABOUBACAR BARRY. (Attachments: # 1 Civil Cover Sheet)(RULE, CAROLINE) (Entered: 02/10/2026)

Feb 11, 2026

Case Assigned/Reassigned

Feb 11, 2026

Case Assigned to Judge Brian R. Martinotti. (ps)

#2

Feb 12, 2026

Appear Pro Hac Vice

#3

Feb 12, 2026

Appear Pro Hac Vice

#4

Feb 13, 2026

Order to Answer

Feb 13, 2026

Set Deadlines as to 2 MOTION for Leave to Appear Pro Hac Vice for Christopher M. Ferguson, 3 MOTION for Leave to Appear Pro Hac Vice for Yelena Niazyan. Motion set for 3/16/2026 before Judge Brian R. Martinotti. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (adc, )

Feb 13, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#5

Feb 17, 2026

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

#6

Feb 23, 2026

Notice of Pro Hac Vice to Receive NEF

#7

Feb 23, 2026

Notice of Pro Hac Vice to Receive NEF

Feb 23, 2026

Pro Hac Vice counsel, CHRISTOPHER MICHAEL FERGUSON,YELENA NIAZYAN for ABOUBACAR BARRY, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (mj)

Feb 23, 2026

Notice of Pro Hac Vice counsel added

#8

Feb 27, 2026

Response to Habeas Petition

#9

Mar 02, 2026

Memorandum AND Opinion AND Order of Dismissal

#10

Mar 09, 2026

Letter

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Mar 09, 2026

Letter

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Mar 13, 2026

Letter

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Mar 16, 2026

TEXT ORDER: Before the Court is Petitioner Aboubacar Barry's ("Petitioner") letter informing the Court that he was not provided with the Court's ordered individualized bond hearing. (See ECF Nos. 11, 12.) On March 2, 2026, after considering Petitioner's Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, the Court found the Government had unlawfully detained Petition under 8 U.S.C. § 1225(b)(2)(A) and ordered the Government to provide Petitioner with an individualized bond hearing within seven days of the date of the Court's Memorandum and Order. (See ECF No. 9.) According to Petitioner's instant letters, the Government scheduled Petitioner's Court ordered bond hearing for March 9, 2026, and failed to provide advance notice to Petitioner's counsel. (See ECF Nos. 11, 12.) The immigration judge then forced Petitioner to withdraw his bond decision. (See id.) As such, Petitioner has still not received an individualized bond hearing. Based on the Court's analysis in Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), the Court finds Petitioner has now been unlawfully detained under § 1225(b)(2) since October 2025. Although Respondents may have been able to lawfully detain Petitioner under 8 U.S.C. § 1226(a), they instead detained him under § 1225(b)(2) and have still failed to provide Petitioner with the individualized bond hearing that he is entitled to. The Court will not correct Respondents' unlawful application of § 1225(b)(2) and detention of Petitioner by converting Petitioner's detention to a "potentially lawful alternate form under a different statute with different procedural requirements and rules." Fajardo-Nugra v. Soto, No. 26-975, 2026 WL 579192, at *2 (D.N.J. Mar. 2, 2026) (granting Petitioner's habeas petition and ordering Petitioner's release based on the Government's flawed application of § 1225(b)(2).) Accordingly, it is ORDERED that, subject to the following, Respondents shall RELEASE Petitioner by March 17, 2026 at 12:00 p.m. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b)(2) which the Court has found in inapplicable to him. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following his release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. SO ORDERED by Judge Brian R. Martinotti on 03/16/2026. (lr, ) (Entered: 03/16/2026)

Mar 16, 2026

Text Order

#14

Mar 17, 2026

Letter