District of New Jersey • 2:26-cv-03241

#1

Mar 26, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17245156.), filed by ASLAN MAMKHIAGOV. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(MINTZ, ANNA ALEXANDRA) (Entered: 03/26/2026)

#2

Mar 27, 2026

TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Chief Judge Renee Marie Bumb on 3/27/2026. (ps) (Entered: 03/27/2026)

#3

Mar 27, 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 requests an order enjoining Respondents from transferring Petitioner outside the District of New Jersey while his Petition is pending. (Id. at 32). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 2 ). Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. According to Petitioner, Respondents are detaining Petitioner under the mandatory detention provisions of 8 U.S.C. § 1225(b), pursuant to a July 8, 2025 U.S. Immigration and Customs Enforcement ("ICE") memorandum and the decision of the Board of Immigration Appeals in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025). (Pet. Para. 40). 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) on December 24, 2021, Petitioner entered the United States, and, on February 11, 2022, he was released on humanitarian parole; (ii) Petitioner has complied with all of the conditions of his release and has filed an application for asylum, withholding of removal, and protection under the Convention Against Torture with U.S. Citizenship and Immigration Services; (iii) on January 20, 2024, a Notice to Appear was filed charging Petitioner with being a noncitizen "present in the United States who has not been admitted or paroled," who entered the United States at or near San Ysidro, and was not admitted or paroled at that time; (iv) Petitioner has continuously resided in the United States since his entry and release, has become an active member of his community, and has no criminal record; and (v) on February 4, 2026, in the interior of the United States, Petitioner was detained by ICE officers following an interview at the Newark Asylum Office and was issued a Form I-200 Warrant for Arrest of Alien indicating that he was being detained under § 1226(a). (Pet. Paras. 3, 50-58). 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). Respondents shall provide Petitioner's counsel notice of the bond hearing as well as a reasonable opportunity to prepare for the hearing and 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. 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 attachments to the Petition (D.E. Nos. 1 -1 through 1 -5), 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 3/27/2026. (ek) (Entered: 03/27/2026)

Mar 27, 2026

Emergent Immigration Habeas Non-transfer Order

Mar 27, 2026

Text Order

Mar 27, 2026

Case Assigned to Judge Esther Salas. (ps)

Mar 27, 2026

Case Assigned/Reassigned

#4

Mar 31, 2026

Notice of Appearance

#5

Apr 06, 2026

Letter from Mark C. Orlowski to the Honorable Esther Salas, U.S.D.J. (Attachments: # 1 Exhibit Immigration Judge Order)(ORLOWSKI, MARK) (Entered: 04/06/2026)

May 21, 2026

Text Order

May 21, 2026

Terminate Civil Case