District of New Jersey • 1:26-cv-04139

#1

Apr 19, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number BNJDC-17324091.), filed by ALISHER DURDYYEV. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(SOBEL, JONATHAN) (Entered: 04/19/2026)

#2

Apr 19, 2026

Emergency MOTION for Temporary Restraining Order by ALISHER DURDYYEV. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Exhibit)(SOBEL, JONATHAN) (Entered: 04/19/2026)

#3

Apr 19, 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 4/19/2026. (jml, ) (Entered: 04/19/2026)

#4

Apr 19, 2026

TEXT ORDER. Petitioner alleges he is unlawfully detained under 8 U.S.C. 1225 without a bond hearing and seeks his immediate release, Dkt. No. 1, Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 ("Petition"), Dkt. No. 2, Motion for Temporary Restraining Order ("TRO Motion"). If Respondents contest Petitioner's material factual allegations and/or assert Petitioner has a criminal history and/or contend that Petitioner's detention is distinguishable from the cases in this district previously addressing Section 1225, they shall file an expedited answer within three (3) days of the date of entry of this Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. If Respondents do not file an expedited answer, pursuant to the Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting Section 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting Section 1225(b)(1)), and other recent decisions in this District interpreting Section 1225, the Court holds that Petitioner's mandatory detention violates the statute and due process. Therefore, in lieu of an expedited answer, Respondents shall release Petitioner within three (3) days of this Order, and file a status report of compliance with this Order within three (3) days of Petitioner's release. The TRO motion, Dkt. No. 2, is DISMISSED as moot. So Ordered by Chief Judge Renee Marie Bumb on 04/19/26. (Bumb, Renee) (Entered: 04/19/2026)

#5

Apr 19, 2026

Letter from Respondents re 4 Order,,,,,, 3 Emergent Immigration Habeas Non-transfer Order. (MAHONEY, MARGARET) (Entered: 04/19/2026)

Apr 19, 2026

Emergent Immigration Habeas Non-transfer Order

Apr 19, 2026

Chief Judge Renee Marie Bumb added. (jml, )

Apr 19, 2026

Order

Apr 19, 2026

Add and Terminate Judges

#6

Apr 20, 2026

Emergency MOTION to Quash/Compel/Enforce Enforce Compliance with Court Order by ALISHER DURDYYEV. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Memorandum, # 4 Text of Proposed Order, # 5 Certificate of Service)(SOBEL, JONATHAN) (Entered: 04/20/2026)

#7

Apr 20, 2026

NOTICE of Appearance by MARGARET ANN MAHONEY on behalf of TODD BLANCHE, ICE ERO, TODD M. LYONS, MARKWAYNE MULLIN, JOHN TSOUKARIS, WARDEN (MAHONEY, MARGARET) (Entered: 04/20/2026)

Apr 20, 2026

Set/Reset Motion and R&R Deadlines/Hearings

Apr 20, 2026

Set Deadlines as to 6 Emergency MOTION to Quash/Compel/Enforce Enforce Compliance with Court Order. Motion set for 5/18/2026 before Chief Judge Renee Marie Bumb. 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. (kes, )

#8

Apr 21, 2026

Response to Habeas Petition

#9

Apr 21, 2026

Reply to Response to Motion

#10

Apr 27, 2026

TEXT ORDER This matter is before the Court upon Petitioner's emergency motion to enforce. Dkt. No. 6 ("Motion to Enforce"). On April 19, 2026, Respondents filed a letter stating ICE placed Petitioner on a flight to Louisiana that left Newark, New Jersey at 12:40 p.m., prior to this Court's entry of the order enjoining his transfer. Dkt. No. 7 ("April 19, 2026 Letter"). This calls into question this Court's jurisdiction over Petitioner's immediate custodian at the time the Petition was filed at 1:43 p.m. on April 19, 2026. See Khalil v. President, United States, 164 F.4th 259, 271 (3d Cir. 2026) (stating the failure to name a petitioner's immediate custodian as the Respondent to a habeas petition under Section 2241 normally defeats jurisdiction). District courts have an obligation to sua sponte determine jurisdiction. Nesbit v. Gears Unlimited, Inc., 347 F.3d 72, 76 (3d Cir. 2003). Therefore, Petitioner shall file a supplemental brief addressing this Court's jurisdiction within 7 days of the date of this Order. See Mellon Bank (E.) PSFS, Nat. Ass'n v. Farino, 960 F.2d 1217, 1223 (3d Cir. 1992) )("the burden falls upon the plaintiff to come forward with sufficient facts to establish that jurisdiction is proper.") So Ordered by Chief Judge Renee Marie Bumb on 04/27/2026. (Costigan, Roberta) (Entered: 04/27/2026)

Apr 27, 2026

Order

#11

Apr 30, 2026

Brief

#12

May 01, 2026

Notice of Appearance