District of New Jersey • 2:26-cv-05301

#1

May 11, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17408853.), filed by ANTON KHATSKEVICH. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(DEANE, CONOR) (Entered: 05/11/2026)

#2

May 11, 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 5/11/26. (tjg, ) (Entered: 05/11/2026)

May 11, 2026

Case assigned to Judge Brian R. Martinotti. (tjg, )

May 11, 2026

Case Assigned/Reassigned

May 11, 2026

Emergent Immigration Habeas Non-transfer Order

#3

May 12, 2026

TEXT ORDER: Before the Court is Petitioner Anton Khatskevich's ("Petitioner") Petition for Writ of Habeas Corpus ("Petition") pursuant to 28 U.S.C. § 2241, challenging his continued detention by immigration authorities. (ECF No. 1.) Petitioner unlawfully entered the United States in 2023. (ECF No. 1 at 7.) Petitioner was subsequently released into the country on humanitarian parole, 8 U.S.C. 1182(d)(5)(A). (Id.) Petitioner contends that he is unlawfully detained under 8 U.S.C. § 1225(b)(2) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). (See ECF No. 1.) It appears from the fact that he was paroled into the country that is currently detained under 8 U.S.C. 1225(b)(1). Based on this Court's statutory interpretation in Suazo Rivera v. Blanche, No. 26-3892 (BRM) (D.N.J. April 29, 2026), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(1) as he was initially paroled into the country, and his continued detention under that statute is unlawful. Although Respondents may have been able to lawfully detain Petitioner under different statute, they instead detained him under § 1225(b)(1). The Court will not correct Respondents' unlawful application of § 1225(b)(1) and detention of Petitioner by converting Petitioner's detention to a "potentially lawful alternate form under a different statute with different procedural requirements and rules." 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 Petitioner's release based on the Government's flawed application of § 1225(b)(2).) Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition is GRANTED and Respondents shall RELEASE Petitioner within twenty-four (24) hours of the entry of this Text Order, under the same conditions, if any, that existed prior to his detention. It is further ORDERED that Respondents shall return to Petitioner all personal property belonging to Petitioner - including but not limited to, any driver's license, passport, immigration documents, currency, or cellphone - that was seized at the time of detention. It is further ORDERED that Respondents are permanently enjoined from detaining Petitioner under 8 U.S.C. § 1225(b)(1) which the Court has found in inapplicable to him. And it is further ORDERED that Respondents shall not arrest, detain, or otherwise take Petitioner into custody under 8 U.S.C. § 1226(a) for a period of 14 days following her release, so as to ensure full effectuation of this Court's judgment and to prevent circumvention of the relief granted. It is finally ORDERED that if Respondents contend that this matter is factually distinguishable from Suazo Rivera, they shall file an expedited answer to the Petition within three (3) days of the date of this Text Order, and Petitioner may file a reply within three (3) days of receipt of the expedited answer. So Ordered by Judge Brian R. Martinotti on 05/12/2026. (lr, ) (Entered: 05/12/2026)

#4

May 12, 2026

NOTICE of Appearance by SANDRA ANN BOBER on behalf of LUIS SOTO, JOHN TSOUKARIS (BOBER, SANDRA) (Entered: 05/12/2026)

#5

May 12, 2026

Letter from US Attorney's Office re: Petitioner's Release. (BOBER, SANDRA) (Entered: 05/12/2026)

May 12, 2026

Text Order

May 13, 2026

Terminate Civil Case

May 13, 2026

QC - Fillable PDF

May 13, 2026

QC - Document contains an Electronic Signature of a Non-Attorney

May 13, 2026

Text Order