District of New Jersey • 2:25-cv-16928

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Oct 27, 2025

PETITION for Writ of Habeas Corpus, filed by EDIKI KANKIA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibits, # 3 Pro Se Consent Form to Receive Notices Electronically)(pm, ) (Entered: 10/28/2025)

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Oct 28, 2025

TEXT ORDER: Petitioner filed a pro se Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. D.E. 1 ("Petition"). Petitioner challenges his immigration detention in Delaney Hall in Newark, New Jersey, but he provides his address is in Westlake Village, California. Id. 11. 57. Therefore, it is unclear whether Petitioner remains detained in New Jersey or whether he is represented by counsel in California, in which case counsel is required to seek admission to the District of New Jersey pro hac vice pursuant to District of New Jersey Local Civil Rule 101.1(c). Therefore, Petitioner shall file an Amended Petition for Writ of Habeas Corpus, explaining his detention status and whether he is represented by counsel in California. The Clerk shall serve a copy of the docket sheet containing this Text Order, along with an application to proceed in forma pauperis ("IFP Application") on Petitioner at the address he provided. If Petitioner submits his completed IFP application and demonstrates his financial inability to hire a private attorney, he may request appointment of counsel. Alternatively, if Petitioner is represented by counsel, counsel may seek admission pro hac vice. If Petitioner wishes to proceed pro se, he shall provide his mailing address at Delaney Hall in Newark, New Jersey. So Ordered by Judge Evelyn Padin on 10/28/2025. (bt) (Entered: 10/28/2025)

Oct 28, 2025

Text Order

#3

Nov 12, 2025

Petition for Writ of Habeas Corpus

#4

Nov 13, 2025

Order

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Nov 24, 2025

Response to Habeas Petition AND Response to Habeas Petition

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Nov 25, 2025

TEXT ORDER: This matter comes before the Court upon Petitioner Ediki Kankia's Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, D.E. 3, alleging he is unlawfully detained by immigration authorities under 28 U.S.C § 1225(b)(2) without a bond hearing. Respondents filed a letter brief in response to the Petition, D.E. 5 ("Response"). Respondents stipulate that Petitioner entered the United States without inspection in 2022, and he was arrested by Immigration and Customs Enforcement ("ICE") officers on October 15, 2025. Response at 1. Respondents further stipulate that Petitioner is in ICE detention without bond pursuant to DHS's interpretation of "applicants for admission" under § 1225(b)(2) and the Board of Immigration Appeals' recent decision Matter of Yajure Hurtado, 29 I&N Dec. 215 (B.I.A. 2025). Id. Respondents acknowledge that that their answer to this Petition relies on the same statutory arguments made before this Court in Lomeu v. Soto, No. No. 25-16589, 2025 WL 2981296 (D.N.J. Oct. 23, 2025), and this Petition asserts the same relevant facts as those in Lomeu. This Court concluded in Lomeu that mandatory detention under § 1225(b)(2) applied exclusively to encounters at or near the border, while discretionary detention under § 1226(a) applies to noncitizens, like Petitioner, who were already present in the country, albeit unlawfully, at the time of their arrest by immigration authorities under § 1226(a). Lomeu, 2025 WL 2981296. Petitioner is unlawfully detained under § 1225(b)(2), therefore, the Court GRANTS the Petition, D.E. 3. Respondents shall release Petitioner within 24 hours and file a letter on the docket indicating Petitioner's release, at which time the Court will close this matter. So Ordered by Judge Evelyn Padin on 11/25/2025. (bt) (Entered: 11/25/2025)

Nov 25, 2025

Text Order

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Nov 26, 2025

Status Report

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Dec 01, 2025

Status Report