District of New Jersey • 2:26-cv-01570

#1

Feb 17, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17105650.), filed by AMIR MOIZ. (Attachments: # 1 Civil Cover Sheet)(ASHUR, STEVEN) (Entered: 02/17/2026)

#2

Feb 17, 2026

MOTION for Order to Show Cause by AMIR MOIZ. (ASHUR, STEVEN) (Entered: 02/17/2026)

#3

Feb 17, 2026

MOTION for Leave to Appear Pro Hac Vice by AMIR MOIZ. (Attachments: # 1 Affidavit)(ASHUR, STEVEN) (Entered: 02/17/2026)

Feb 17, 2026

Case Assigned/Reassigned

Feb 17, 2026

Case Assigned to Judge Esther Salas. (mfr)

#4

Feb 18, 2026

Order on Motion for Leave to Appear Pro Hac Vice

#5

Feb 18, 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 moves for an order to show cause ("OTSC") (D.E. No. 2 ("Motion for OTSC") and requests an order enjoining Petitioner's removal or transfer outside the jurisdiction of this Court and the United States pending adjudication of the Petition (Pet. at 16). It appears that, following the filing of the Petition, Petitioner was moved from Delaney Hall Detention Center in Newark, New Jersey, to a location in New York City, most likely 26 Federal Plaza, the site of U.S. Immigration and Customs Enforcement's ("ICE")' field office. Petitioner requests an emergency order enjoining his transfer outside the District of New Jersey, the Southern District of New York, or the Eastern District of New York. Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, the Southern District of New York, or the Eastern District of New York, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner's Motion for OTSC is DENIED as moot, and the Clerk of Court shall terminate the motion pending at D.E. No. 2 . 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 ICE memorandum and the recent decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Pet. Paras. 35-36). 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) in 1996, Petitioner arrived in the United States as a minor, entering the country without inspection in the company of his parents; (ii) since 1996, he has resided continuously in the United States; (iii) Petitioner applied for and was granted Deferred Action for Childhood Arrivals ("DACA"), which was subsequently revoked; and (iii) on or about February 11, 2026, evidently in the interior of the United States, Petitioner was arrested and detained by ICE officers. (Pet. Paras. 20-23). 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 attachment to the Petition (D.E. No. 1 -1), the Motion for OTSC (D.E. No. 2 ), the motion for leave to appear pro hac vice (and the attachment) (D.E. Nos. 3 & 3 -1), 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 2/18/2026. (ek) (Entered: 02/18/2026)

Feb 18, 2026

Set Deadlines as to 3 MOTION for Leave to Appear Pro Hac Vice . Motion set for 3/16/2026 before Judge Esther Salas. 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. (ld)

Feb 18, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Feb 18, 2026

Text Order

#6

Feb 20, 2026

Notice of Appearance

#7

Feb 27, 2026

Letter

#8

Mar 08, 2026

Letter