District of New Jersey • 2:26-cv-02859

R.A.W. v. Francis

Active

Case Information

Filed: March 19, 2026
Assigned to: Michael E. Farbiarz
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: April 27, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 12, 2026
CIVIL COVER SHEET filed..(Fulton, Elizabeth) (Entered: 03/12/2026)
Main Document: CIVIL
#2
Mar 12, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32537866) Request for emergency relief to be separately filed..Document filed by R.A.W...(Fulton, Elizabeth) (Entered: 03/12/2026)
Main Document: PETITION
#3
Mar 13, 2026
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that: 1.Respondents show cause why the Petition should not be granted by March 18, 2026. 2.Petitioner have an opportunity to reply by March 20, 2026. 3.The parties APPEAR before this Court for a hearing on the Petition on Monday, March 23, 2026, at 2:00 p.m. in Courtroom 906 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. Respondents shall produce Petitioner at the hearing. 4.Pending consideration of the Petition, Respondents are hereby RESTRAINED from transferring the Petitioner out of the Southern District of New York and, relatedly, the United States of America. The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York of this Order at the following email addresses: jeffrey.oestericher@usdoj.gov and brandon.waterman@usdoj.gov. Counsel for Respondents shall promptly enter notices of appearance. SO ORDERED. Show Cause Hearing set for 3/23/2026 at 02:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. Show Cause Response due by 3/18/2026. (Signed by Judge Margaret M. Garnett on 3/13/2026) (kv) (Entered: 03/13/2026)
Main Document: ORDER
#4
Mar 13, 2026
LETTER addressed to Judge Margaret M. Garnett from Elizabeth Fulton, Esq. dated 03/13/2026 re: Notice of Petitioner's Change in Detention Center. Document filed by R.A.W...(Fulton, Elizabeth) (Entered: 03/13/2026)
Main Document: LETTER
Mar 13, 2026
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Elizabeth Fulton. The party information for the following party/parties has been modified: LaDeon Francis; Kristi Noem; Pamela Bondi. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)
Mar 13, 2026
Case Designated ECF. (jgo)
Mar 13, 2026
Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
Mar 13, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
#5
Mar 16, 2026
LETTER addressed to Judge Margaret M. Garnett from Brandon M. Waterman dated March 16, 2026 re: Response to the Court's Question about Location at the Time of Filing. Document filed by Pamela Bondi, LaDeon Francis, Kristi Noem..(Waterman, Brandon) (Entered: 03/16/2026)
Main Document: LETTER
#6
Mar 16, 2026
NOTICE OF APPEARANCE by Yakov Spektor on behalf of R.A.W...(Spektor, Yakov) (Entered: 03/16/2026)
Main Document: NOTICE
#7
Mar 16, 2026
MOTION for Elizabeth Fulton to Withdraw as Attorney . Document filed by R.A.W.. Return Date set for 3/17/2026 at 02:00 PM..(Fulton, Elizabeth) (Entered: 03/16/2026)
Main Document: MOTION
#8
Mar 17, 2026
LETTER addressed to Judge Margaret M. Garnett from Yakov Spektor dated 03/17/2026 re: Letter to Amend Caption and Clarify Petitioners Identity. Document filed by R.A.W...(Spektor, Yakov) (Entered: 03/17/2026)
Main Document: LETTER
#9
Mar 18, 2026
ORDER The portion of the Court's March 13 Order (Dkt. No. 3) requiring Respondents to produce Petitioner at the March 23 hearing is hereby VACATED. The hearing will otherwise proceed as scheduled with counsel for the parties. (HEREBY ORDERED by Judge Margaret M. Garnett) (Text Only Order) (Garnett, Margaret) (Entered: 03/18/2026)
#10
Mar 18, 2026
NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Pamela Bondi, LaDeon Francis, Kristi Noem..(Waterman, Brandon) (Entered: 03/18/2026)
Main Document: Notice of Appearance
#11
Mar 18, 2026
ICMS - converted docket entry
Main Document: ICMS - converted docket entry
Mar 18, 2026
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey.(sgz)
#12
Mar 19, 2026
Stipulation and Order
Main Document: Stipulation and Order
#13
Mar 19, 2026
Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:26-cv-02050. Original file certified copy of transfer order and docket sheet received. (Entered: 03/19/2026)
Main Document: Case Transferred In - District Court Transfer
Mar 19, 2026
Judge Michael E. Farbiarz added. (jjc, )
Mar 19, 2026
Case Transferred Out - District Court Transfer
Mar 19, 2026
Add and Terminate Judges
#14
Mar 20, 2026
TEXT ORDER: The Petitioner shall not be removed from the state of New Jersey or from the United States. A bond hearing shall be conducted on or before March 23 at noon, unless, by March 23 at 9:00am, the Respondents file a letter explaining either (i) that the Petitioner has asked to adjourn the bond hearing or (ii) that, due to relevant and meaningful procedural or factual distinctions, this case is not controlled by the Court's prior decisions in Chiquito Barzola v. Warden (2:25-cv-17326); Martinez Ron v. Lyons (2:25-cv-17359); Mboup v. Field Off. Dir. of N.J. Immigr. & Customs Enf't (2:25-cv-16882); and Ortega Alvarez v. Noem (2:25-cv-17401). The Respondents shall file a status update letter on or before March 24 at noon. In addition to what is set out above, a declaration from the United States Attorney's Office shall be filed on the schedule set out below. It shall indicate that the United States Attorney's Office has (i) received this Order and conveyed it to the appropriate personnel at ICE; and (ii) provided ICE with written legal advice on the subject of ICE's obligation to comply with this Order. A declaration from ICE shall also be filed. It shall indicate that ICE has (i) received this Order; and (ii) received written legal advice from the United States Attorney's Office on the subject of ICE's obligation to comply with this Order. Each declaration shall be filed on the public docket of the Court on or before 2:00pm on March 20. The first declaration must be executed by either the leader of the Civil Division of the United States Attorney's Office or by the Chief of the Civil Division. The second declaration must be executed by either the Newark ICE Field Office Director or by the Newark ICE Field Office Deputy Director. The declarations may be signed by hand or electronically. Finally, the United States Attorney's Office shall immediately file a letter on the Court's public docket if an Order of the Court is violated in connection with this case. So Ordered by Judge Michael E. Farbiarz on 3/20/26. (ro, ) (Entered: 03/20/2026)
#15
Mar 20, 2026
DECLARATION of Civil Chief re 14 Emergent Immigration Habeas Non-transfer Order,,,,,,,, by PAMELA BONDI, LADEON FRANCIS, KRISTI NOEM. (BASIAK, JOHN) (Entered: 03/20/2026)
Main Document: Declaration
#16
Mar 20, 2026
DECLARATION of Deputy Field Office Director re 14 Emergent Immigration Habeas Non-transfer Order,,,,,,,, by PAMELA BONDI, LADEON FRANCIS, KRISTI NOEM. (BASIAK, JOHN) (Entered: 03/20/2026)
Main Document: Declaration
#17
Mar 20, 2026
Notice of Appearance
Main Document: Notice of Appearance
#18
Mar 20, 2026
Letter
Main Document: Letter
Mar 20, 2026
Emergent Immigration Habeas Non-transfer Order
#19
Mar 23, 2026
Notice of Appearance
Main Document: Notice of Appearance
#20
Mar 23, 2026
Letter
Main Document: Letter
#21
Mar 24, 2026
Letter
Main Document: Letter
#22
Mar 24, 2026
Letter
Main Document: Letter
#23
Mar 25, 2026
TEXT ORDER: As to the joint letter at ECF 22, federal courts do not have a "roving commission," to order that things be done in an assertedly better or different way. Rather, federal courts are generally empowered to order remedies only when there been illegality. If the parties' view is that the Immigration Court's hearing should be ordered re-done (as they jointly request at ECF 22 ), then the parties should explain why --- and explain why directly. For example, the parties seem to hint that the Immigration Judge may have, in their judgment, violated procedural due process by conducting a hearing without the Petitioner's counsel. But if that is the parties' position they should say so, and muster the relevant facts and law --- and also explain the basis of this Court's jurisdiction to take up that issue. (The application of Endo to review of an out-of-district hearing may not be simple.) To cite another example, the parties seem to hint that the Immigration Judge's in-the-alternative holding is not reliable or perhaps amounted to non-compliance with this Court's order, and that a re-do is therefore appropriate. But if this is the parties' position, the law to support it is not mustered. And the relevant facts (including the transcript) are not put forward either. The request at ECF 22 is denied. So Ordered by Judge Michael E. Farbiarz on 3/25/26. (ro, ) (Entered: 03/25/2026)
Mar 25, 2026
Text Order
#24
Mar 26, 2026
Letter
Main Document: Letter
#25
Mar 30, 2026
TEXT ORDER: The Respondents shall respond to the letter at ECF 24 on or before April 3 at 5:00pm. So Ordered by Judge Michael E. Farbiarz on 3/30/26. (ro, ) (Entered: 03/30/2026)
Mar 30, 2026
Text Order
#26
Apr 01, 2026
Letter
Main Document: Letter
#27
Apr 04, 2026
TEXT ORDER: The bond hearing that was conducted did not comport with due process. It was not fundamentally fair. The Petitioner shall be released from custody. He should not have to remain in custody while the Respondents prepare for the second bite at the apple they should have gotten right the first time. The Court's release order will expire of its own accord just after the immigration judge rules at a bond hearing at which the Petitioner's counsel is afforded a full and fair opportunity to participate.. So Ordered by Judge Michael E. Farbiarz on 4/4/26. (ro, ) (Entered: 04/04/2026)
Apr 04, 2026
Text Order
#28
Apr 06, 2026
Letter
Main Document: Letter
#29
Apr 13, 2026
Letter
Main Document: Letter
#30
Apr 15, 2026
TEXT ORDER: A petition was filed, see ECF 2, a bail hearing was ordered, see ECF 14, and it was conducted. See ECF 29 . Therefore, it appears that the petition should be dismissed. See Chiquito Barzola v. Warden, 2025 WL 3443487, at *1 (D.N.J. Dec. 1, 2025). If a party has a different view, it should explain why in a brief letter, to be filed on or before April 18 at 5:00pm. If no persuasive letter is received, the petition will be promptly dismissed. So Ordered by Judge Michael E. Farbiarz on 4/15/26. (ro, ) (Entered: 04/15/2026)
Apr 15, 2026
Text Order
Apr 27, 2026
Order of Dismissal

Parties

Francis
Party
R.A.W.
Party