District of New Jersey • 3:26-cv-02302

#1

Mar 04, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17161820.), filed by CHARLES NKEZA. (Attachments: # 1 Civil Cover Sheet)(WILLIAMS, YSABEL) (Entered: 03/04/2026)

#2

Mar 04, 2026

First MOTION for Temporary Restraining Order TO PREVENT TRANSFER by CHARLES NKEZA. (WILLIAMS, YSABEL) (Entered: 03/04/2026)

#3

Mar 05, 2026

MEMORANDUM & ORDER TO ANSWER: Petitioner SHALL NOT be TRANSFERRED from the District of New Jersey, or REMOVED from the United States, pending further order of this Court; DENYING Petitioner's 2 Motion for TRO as moot; Petitioner's request for an OTSC is DENIED; within twenty-one (21) days of the date of entry of this Memorandum and Order, Respondents shall electronically file a full and complete answer to the Petition. Signed by Judge Georgette Castner on 3/5/2026. (sms2, n.m.) (Entered: 03/05/2026)

Mar 05, 2026

Notice of Judicial Preferences

Mar 05, 2026

Case Assigned/Reassigned

Mar 05, 2026

QC - Attorney Case Opening

Mar 05, 2026

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

Mar 05, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Counsel has added several respondents to the docket that are not named in the caption or the body of the petition. In the future, please refer to the petition when adding respondents. The docket has been updated to reflect the respondents found in the petition. All others have been removed . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )

Mar 05, 2026

Case assigned to Judge Georgette Castner. (tjg, )

#4

Mar 19, 2026

Notice of Appearance

#5

Mar 24, 2026

Response to Habeas Petition

#6

Apr 15, 2026

Leave to File Document

Apr 15, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Apr 15, 2026

Set Deadlines as to 6 First MOTION for Leave to File Nun Pro Tunc Reply to Response. Motion set for 5/18/2026 before Judge Georgette Castner. 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. (dmr3)

#7

Apr 16, 2026

TEXT ORDER: This matter comes before the Court on Petitioner's First MOTION for Leave to File Nun Pro Tunc Reply to Response (Motion for Leave). (ECF No. 6 .) The Motion for Leave is GRANTED. The Clerk of the Court shall file the Motion for Leave as Petitioner's Reply to Response (ECF No. 5 ) and terminate the Motion pending at ECF No. 6 . So Ordered by Judge Georgette Castner on 4/16/2026. (jmh) (Entered: 04/16/2026)

#8

Apr 16, 2026

Response (NOT Motion)

Apr 16, 2026

Text Order AND ~Util - Terminate Motions

#9

Apr 20, 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 ), the answer filed by Respondents (Response) (ECF No. 5), and Petitioner's reply to the Response (ECF No. 8 ). According to the Response, "Petitioner is in ICE detention without bond because he is an '[applicant] for admission' as described in § 1225(b)(2), and in the Board of Immigration Appeals' ('BIA') recent decision in Matter of Yajure Hurtado, 29 I. & N. Dec. 215 (BIA 2025)." (ECF No. 5 at 2 (alteration in original) (footnote omitted) (citation omitted).) However, 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 rejects Respondents' interpretation of 8 U.S.C. § 1225(b)(2), and 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: (1) on or about November 15, 2024, Petitioner entered the United States without being admitted or paroled after inspection by an immigration officer; (2) Petitioner was detained by ICE on or about November 24, 2025; and (3) Petitioner was charged with being, and has been ordered removed as, "an alien present in the United States who has not been admitted or paroled" (and Petitioner's timely administrative appeal from this removal order remains pending). (ECF No. 5 at 1-2; ECF No. 5 -1 at 2; ECF No. 5 -2 at 2.) Accordingly, 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 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). Petitioner's counsel shall have notice of the bond hearing, a reasonable opportunity to prepare, and be permitted to reschedule the hearing without seeking this Court's intervention. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. So Ordered by Judge Georgette Castner on 4/20/2026. (jmh) (Entered: 04/20/2026)

Apr 20, 2026

Text Order

#10

Apr 29, 2026

Letter

#11

Apr 30, 2026

TEXT ORDER: The Court previously ordered that Petitioner receive a bond hearing under 8 U.S.C. § 1226(a). (ECF No. 9 .) The bond hearing has now occurred, and the IJ denied Petitioner's request for a change in custody status because Petitioner has not met his burden of establishing he is not a flight risk. (ECF No. 10 .) The Court LIFTS its Order (ECF No. 3 ) prohibiting Petitioner's transfer from the District of New Jersey and his removal from the United States pending further order of this Court. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Georgette Castner on 4/30/2026. (jmh) (Entered: 04/30/2026)

Apr 30, 2026

Order of Dismissal AND Text Order