District of New Jersey • 3:26-cv-05117

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May 06, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17394050.), filed by ROHIT SINGH. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Immigration Documents)(MAZRUI, HARITH) (Entered: 05/06/2026)

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May 06, 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 5/6/2026. (jml, ) (Entered: 05/06/2026)

May 06, 2026

Notice of Judicial Preferences

May 06, 2026

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

May 06, 2026

Judge Georgette Castner added. (jml, )

May 06, 2026

Add and Terminate Judges

May 06, 2026

Emergent Immigration Habeas Non-transfer Order

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May 08, 2026

TEXT ORDER: This matter is before the Court on the Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Petitioner, a native and citizen of India, alleges that, on or about June 21, 2024, at or near Tecate, California, he entered the United States and was released on his own recognizance. (Id. Para. 1.) Petitioner filed for asylum and withholding of removal and has complied with all conditions of release set by U.S. Immigration and Customs Enforcement ("ICE"). (Id. Para. 2.) Upon information and belief, Petitioner has no criminal convictions in the United States or in any other country, and "[h]e has a traffic violation charge, but no criminal charges." (Id. Para. 23.) On April 27, 2026, ICE arrested Petitioner and have detained him at Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 24-25.) Based on Petitioner's allegations and this Court's recent decisions in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), Marcilla 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 (D.N.J. Jan. 28, 2026), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that Respondents have unlawfully detained Petitioner under § 1225(b) in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Quintanar Hernandez v. Bondi, No. 26-4096, ECF No. 4 (D.N.J. Apr. 17, 2026). "Moreover, although 8 U.S.C. § 1226(a) permits discretionary detention of noncitizens based on flight risk or dangerousness, it appears that Respondents have detained Petitioner under a flawed interpretation of § 1225(b)(2), which has been rejected by numerous Courts in this District; this Court will not correct Respondents' unlawful detention under § 1225(b)(2) by converting Petitioner's detention to a 'potentially lawful alternate form under a different statute with different procedural requirements and rules.'" Alvarez Hererra v. Soto, No. 26-2482, ECF No. 6 (D.N.J. Apr. 22, 2026) (quoting Fajardo-Nugra v. Soto, No. 26-975, 2026 WL 579192, at *2 (D.N.J. Mar. 2, 2026) (granting petitioner's habeas petition and ordering his release based on respondents' flawed application of § 1225(b)(2))); see also Beteta Beteta v. Blanche, No. 26- 4132, ECF No. 4 (D.N.J. Apr. 20, 2026) (same). The Court thus GRANTS the Petition (ECF No. 1 ), and ORDERS that, within forty-eight (48) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner under the same conditions, if any, that existed prior to his detention. Within twenty four (24) hours of Petitioner's release, Respondents shall file a status report confirming the time of Petitioner's release. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, or that Petitioner's detention is pursuant to 8 U.S.C. § 1226(a) as Petitioner has misrepresented his criminal history, they shall file an expedited answer within twenty-four (24) hours of the time of entry of this Text Order. Petitioner may file a reply within forty-eight (48) hours of the time of filing of Respondents' expedited answer. Petitioner's request for an order to show cause (ECF No. 1 ) is DENIED as moot. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachments to the Petition (ECF Nos. 1 -1 & 1 -2), 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 Georgette Castner on 5/8/2026. (jmh) (Entered: 05/08/2026)

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May 08, 2026

Notice of Appearance

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May 08, 2026

Letter

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May 08, 2026

Exhibit (to Document)

May 08, 2026

3 Text Order and ECF No. 1 emailed to USANJ-HabeasCases@usdoj.gov on 5/8/2026. (jmh)

May 08, 2026

Text Order

May 08, 2026

Docket Annotation (public)

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May 10, 2026

Letter

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May 11, 2026

Letter

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May 15, 2026

TEXT ORDER: This matter comes before the Court on Respondents' May 8, 2026 letter (ECF No. 5 ) and Petitioner's May 11, 2026 letter (ECF No. 8 ). Pursuant to this Court's May 8, 2026 Text Order (ECF No. 3 ), Respondents indicate that Petitioner "understated the severity of the traffic offense that he disclosed to the Court." (ECF No. 5 at 1-2 (citations omitted).) The attached police report shows that, on April 27, 2026, Petitioner was arrested and charged with two misdemeanor offenses (unlawful fleeing a police officer in a motor vehicle and reckless driving) and numerous traffic infractions. (See ECF No. 6 .) In light of this criminal history, the Court concludes that, 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). 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 5/15/2026. (jmh) (Entered: 05/15/2026)

May 15, 2026

Text Order

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May 21, 2026

Letter

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May 22, 2026

Seal Document

May 22, 2026

Set Deadlines as to 11 MOTION to Seal Document 6 Exhibit (to Document),,, 1 to Respondents' May 8, 2026 Request to Amend. Motion set for 6/15/2026 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. (kht)

May 22, 2026

Set/Reset Motion and R&R Deadlines/Hearings

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May 26, 2026

TEXT ORDER: For good cause shown, (ECF No. 11 -1), the Court GRANTS Respondents' Motion to Seal ECF No. 6 . 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 bond. (ECF No. 10-1.) Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS its Order (ECF No. 2 ) prohibiting Petitioner's transfer from the District of New Jersey pending further order of this Court. The Clerk of the Court shall CLOSE this matter. So Ordered by Judge Georgette Castner on 5/26/2026. (jmh) (Entered: 05/26/2026)

May 26, 2026

Order of Dismissal AND Text Order AND ~Util - Terminate Motions