District of New Jersey • 2:26-cv-01472

#1

Feb 13, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17096893.), filed by JEFF GOURDET. (Attachments: # 1 Civil Cover Sheet, # 2 Certificate of Service, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(HYKEL CUDDY, RENEE) (Entered: 02/13/2026)

#2

Feb 13, 2026

Emergency MOTION for Temporary Restraining Order by JEFF GOURDET. (Attachments: # 1 Certificate of Service)(HYKEL CUDDY, RENEE) (Entered: 02/13/2026)

#3

Feb 14, 2026

TEXT ORDER: Before the Court is Petitioner Jeff Gourdet's ("Petitioner"), a citizen of Haiti who entered the United States without inspection at an unknown time, Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, contending 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) (ECF No. 1) and a Motion for a Temporary Restraining Order ("TRO") seeking Petitioner's release from detention (ECF No. 2). In Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), this Court held that a similarly situated noncitizen could only be subjected to lawful, discretionary detention under 8 U.S.C. § 1226(a), which entitled him to a bond hearing; see also Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025). Accordingly, it is, ORDERED the Petition is GRANTED. 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 of the date of filing of Respondents' expedited answer. It is further ORDERED that pursuant to the All Writs Act, 28 U.S.C. § 1651, Respondents are temporarily enjoined from transferring Petitioner from New Jersey while this habeas proceeding is pending. Finally, it is ORDERED that Petitioner's TRO Motion (ECF No. 2) is DENIED without prejudice as Petitioner has failed to include any certification or explanation as to whether efforts were made to notify Respondents regarding the request for a TRO or why the Court should not require notice to Respondents. See Fed. R. Civ. R. 65(b)(1)(A) (requiring the movant's attorney certifies in writing any effort made to give notice and the reasons why it should not be required.) SO ORDDERED. So Ordered by Judge Brian R. Martinotti on 02/14/2026. (lr, ) (Entered: 02/14/2026)

Feb 14, 2026

Case Assigned/Reassigned

Feb 14, 2026

Text Order

Feb 14, 2026

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

#4

Feb 19, 2026

Notice of Voluntary Dismissal (aty)

#5

Feb 20, 2026

Order of Dismissal