District of New Jersey • 2:26-cv-05730

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May 19, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17439934.), filed by Haruna K. Zakaria. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J)(MAJOR, LAUREN) (Entered: 05/19/2026)

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May 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 5/19/26. (tjg, ) (Entered: 05/19/2026)

May 19, 2026

Emergent Immigration Habeas Non-transfer Order

May 19, 2026

Case assigned to Judge Claire C. Cecchi. (tjg, )

May 19, 2026

Case Assigned/Reassigned

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May 20, 2026

TEXT ORDER - Currently pending before the Court is Petitioner Haruna Kooly Zakaria's petition for a writ of habeas corpus. ECF No. 1. The petition asserts that Petitioner has, while in detention at Delaney Hall, suffered "persistent and severe gastrointestinal symptoms" that have required "repeated hospitalization[s]" including for surgery and blood transfusions. ECF No. 1 at 2, 19-22. It further states that Petitioner has had difficulty receiving medical attention at Delaney Hall. ECF No. 1 at 19-21. Given the nature of Petitioner's medical issue, Respondents shall show cause by tomorrow, May 21, 2026, at 11:00 a.m. why the Court should not order Petitioner's immediate release under the same conditions existing prior to his detention. See M.M. v. Rokosky, No. 25-18547, 2025 WL 3687941, at *2 (D.N.J. Dec. 19, 2025) (ordering release of a long-term resident of the United States with serious medical conditions who was improperly detained under 8 U.S.C. § 1225(b)(2)); Anastacio v. Soto, No. 26-935 (D.N.J. Jan. 30, 2026), ECF No. 3 (ordering release under conditions existing prior to detention where ICE had not provided the petitioner with medically necessary prescription medication that put petitioner at risk of permanent vision loss). The Court will order Petitioner's immediate release if Respondents fail to comply with this Text Order by the deadline. Additionally, Petitioner shall not be removed from a facility within the District of New Jersey, or from the United States, without permission from this Court. The Court has authority to stay removal under the All Writs Act. See 28 U.S.C. § 1651 (permitting courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"); F.T.C. v. Dean Foods Co., 384 U.S. 597, 604 (1966) (recognizing "a limited judicial power to preserve the court's jurisdiction or maintain the status quo by injunction pending review of an agency's action through the prescribed statutory channels"); see also Dabone v. Karn, 763 F.2d 593, 597 n.2 (3d Cir. 1985). So Ordered by Judge Claire C. Cecchi on 5/20/2026. (jl, ) (Entered: 05/20/2026)

May 20, 2026

Text Order

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May 21, 2026

Notice of Appearance

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May 21, 2026

Letter

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May 21, 2026

Letter

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May 21, 2026

TEXT ORDER - The Court is in receipt of Respondents' submission, which asserts that Petitioner has been receiving adequate medical care. ECF No. 5. Petitioner shall file a response to Respondents' submission by tomorrow, May 22, 2026, at 12:00 p.m. So Ordered by Judge Claire C. Cecchi on 5/21/2026. (jl, ) (Entered: 05/21/2026)

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May 21, 2026

Exhibit (to Document)

May 21, 2026

Text Order

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May 22, 2026

Letter

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May 22, 2026

Exhibit (to Document)

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May 22, 2026

TEXT ORDER - The Court is in receipt of the parties' responses regarding Petitioner's medical issues. ECF Nos. 5-6, 8-9. The parties shall meet and confer by today, May 22, 2026, at 4:00 p.m. in an effort to resolve this matter. The parties shall jointly file a status update by 5:00 p.m. So Ordered by Judge Claire C. Cecchi on 5/22/2026. (jl, ) (Entered: 05/22/2026)

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May 22, 2026

Letter

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May 22, 2026

TEXT ORDER - The Court is in receipt of the parties' status update. ECF No. 12. Respondents shall file a response to the specific assertions in Petitioners' most recent submission, ECF No. 9, by Tuesday, May 27, at 12:00 p.m. So Ordered by Judge Claire C. Cecchi on 5/22/2026. (jl, ) (Entered: 05/22/2026)

May 22, 2026

Text Order

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May 26, 2026

Letter

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May 26, 2026

Order

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May 26, 2026

Letter

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May 26, 2026

Exhibit (to Document)

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May 27, 2026

TEXT ORDER - The Court is in receipt of the parties' submissions concerning Petitioner's medical issues. ECF Nos. 5-6, 8-10, 16-17. Although the Court recognizes the seriousness of Petitioner's asserted health concerns, it finds after reviewing the record that release on these grounds is not warranted at this time. See Sehaim v. Soto, No. 26-2829, 2026 WL 1453896, at *2 (D.N.J. May 22, 2026) (noting that the release of a habeas petitioner because of inadequate medical care while in detention is available only in "extraordinary circumstances" (quoting Hope v. Warden York Cnty. Prison, 972 F.3d 310, 324-25 (3d Cir. 2020))). In particular, the record shows that Petitioner has been receiving ongoing medical attention while in detention, including through outpatient care and continuing monitoring by ICE medical staff. See ECF Nos. 8, 10, 17; cf. Sehaim, 2026 WL 1453896, at *3 (denying immediate release but noting that the record justified "continued judicial monitoring"). Additionally, Petitioner alleges that he is unlawfully detained under 8 U.S.C. § 1225. See, e.g., ECF No. 1 at 1-2, 5-11, 22-23. Under this Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), and other recent decisions in this District interpreting § 1225, the Court holds that Petitioner is subject to detention under § 1226(a). It is therefore ORDERED that, in accordance with 8 U.S.C. § 1226(a), within seven (7) 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 he presents a flight risk or a danger to the community in accordance with 8 C.F.R. 236.1(c)(8) and (d)(1). Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. If Respondents contend that Petitioner's detention is distinguishable from the cases in this district previously addressing § 1225, they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. So Ordered by Judge Claire C. Cecchi on 5/27/2026. (jl, ) (Entered: 05/27/2026)

May 27, 2026

Text Order

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Jun 05, 2026

Letter

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Jun 05, 2026

Seal

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Jun 06, 2026

Notice of Appearance

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Jun 06, 2026

Seal

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Jun 08, 2026

Order on Motion to Seal

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Jun 08, 2026

Order on Motion to Seal

Jun 08, 2026

Set Deadlines as to 20 Consent MOTION to Seal ECF Nos. 8 and 17. Motion set for 7/6/2026 before Judge Claire C. Cecchi. 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. (pm, )

Jun 08, 2026

Set Deadlines as to 22 Consent MOTION to Seal . Motion set for 7/6/2026 before Judge Claire C. Cecchi. 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. (pm, )

Jun 08, 2026

Set/Reset Motion and R&R Deadlines/Hearings