District of New Jersey • 2:26-cv-07115

#1

Jun 15, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17542035.), filed by PETER BARNABAS SCHLOTTHAUER. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(MINTZ, ANNA ALEXANDRA) (Entered: 06/15/2026)

#2

Jun 15, 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 6/15/2026. (jr) (Entered: 06/15/2026)

Jun 15, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 15, 2026

Case assigned to Judge Esther Salas. (jr)

Jun 15, 2026

Case Assigned/Reassigned

#3

Jun 16, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 2 ). Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner, a native and citizen of Hungary currently detained at the Elizabeth Detention Center in Elizabeth, New Jersey, alleges that he entered the United States through the Visa Waiver Program ("VWP") in 2014. (Pet. Para. 16.) Petitioner alleges, on information and belief, that beginning in 2017, he had deferred action because of his cooperation with the FBI as a confidential informant. (Id.). Petitioner has a disabled U.S. citizen fianc. (Id. at Para. 48). He has no criminal record. (Id.). On April 9, 2026, U.S. Immigration and Customs Enforcement ("ICE") arrested Petitioner in a parking lot in Westchester County, New York. (Id. Para. 17). On the same day, after he indicated he had a fear of returning to Hungary, ICE placed him in asylum-only proceedings. (Id.). Petitioner is presently preparing an asylum application, and he is scheduled for a master calendar hearing at the Elizabeth Immigration Court at 8:30 a.m. on June 16, 2026. (Id.). According to Petitioner, on April 11, 2026, he ruptured his Achilles tendon while in the recreation yard at the Delaney Hall Detention Facility in Newark, New Jersey, and, since that day, "due to Respondents medical neglect and failure to comply with not only medical standards of care but also their own policies and guidelines, [Petitioner] has been forced to endure constant, debilitating pain, undergo a surgery that could have been avoided, and now faces a high risk of lifelong physical impairment." (Id. Para. 1.) Based on Petitioner's allegations and District of New Jersey case law, the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that it appears Respondents have unlawfully detained Petitioner without a bond hearing under 8 U.S.C. § 1187 in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. See Molina v. Soto, No. 25-16880, 2025 WL 3281820, at *2-3 (D.N.J. Nov. 25, 2025); Gjerj G. v. Edwards, No. 19-5059, 2019 WL 125461, at *1-3 (D.N.J. Mar. 18, 2019); Emila N. v. Ahrendt, No. 19-5060, 2019 WL 113227, at *1-3 (D.N.J. Mar. 12, 2019). "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 [§ 1187], which has been rejected by [several] Courts in this District; this Court will not correct Respondents' unlawful detention under [§ 1187] 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, D.E. 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 (D.N.J. Apr. 20, 2026). The Court thus GRANTS the Petition, (D.E. No. 1 ), and ORDERS that Respondents SHALL RELEASE Petitioner within twenty-four (24) hours of the time of entry of this Text Order. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cited herein or that he has misrepresented his criminal history, they shall file an expedited answer within forty-eight (48) hours of the time of entry of this Text Order. If Respondents do not file an expedited answer, they shall file a status report within forty-eight (48) hours of the time of entry of this Text Order confirming the time of Petitioner's release. The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachments to the Petition, (D.E. Nos. 1 -1 through 1 -5), 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 Esther Salas on 6/16/2026. (ek) (Entered: 06/16/2026)

Jun 16, 2026

Text Order

#4

Jun 18, 2026

Notice of Appearance

#5

Jun 18, 2026

Letter

#6

Jun 18, 2026

Letter

#7

Jun 18, 2026

Notice of Appearance

#8

Jun 19, 2026

Response to Habeas Petition

#9

Jun 19, 2026

Exhibit (to Document)

#10

Jun 22, 2026

TEXT ORDER : This matter comes before the Court on Respondent's expedited response to the petition for a writ of habeas corpus pursuant to 28 U.S.C. [Section Symbol] 2241. (D.E. No. 8 ("Response")). Within forty-eight (48) hours of the time of entry of this Text Order, Petitioner shall file a reply to the Response. In his reply, Petitioner shall provide legal and factual support for his contention that the existence of allegedly politically motivated warrants, charges, or investigations that serve as the basis for his fear of returning to Hungary does not amount to having a criminal record or history. So Ordered by Judge Esther Salas on 6/22/2026. (ek) (Entered: 06/22/2026)

Jun 22, 2026

Text Order

#11

Jun 24, 2026

Reply to Response (NOT Motion)