District of New Jersey • 3:26-cv-07179

#1

Jun 16, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17548240.), filed by FERUZ ARTIKOV. (Attachments: # 1 Exhibit A - I-589 Receipt Notice, # 2 Exhibit B - ICE Portal Screenshot, # 3 Civil Cover Sheet)(DEANE, CONOR) (Entered: 06/16/2026)

#2

Jun 16, 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 6/16/2026. (jml, ) (Entered: 06/16/2026)

Jun 16, 2026

Notice of Judicial Preferences

Jun 16, 2026

Add and Terminate Judges

Jun 16, 2026

Emergent Immigration Habeas Non-transfer Order

Jun 16, 2026

Judge Georgette Castner added. (jml, )

Jun 16, 2026

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

#3

Jun 18, 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 Ecuador, upon information and belief, allegedly entered the United States without inspection and shortly thereafter filed an application for asylum and withholding of removal on July 9, 2025. (Id. Paras. 2, 16.) Upon information and belief, on or about June 15, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner when he appeared with his pregnant wife for a regularly scheduled biometrics appointment and have detained him at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 1, 3 (noting that the appointment was rescheduled due to pregnancy complications).) 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, 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, 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 a significant 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. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachments to the Petition (ECF Nos. 1 -1 through 1 -3), 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 6/18/2026. (jmh) (Entered: 06/18/2026)

#4

Jun 18, 2026

Notice of Appearance

Jun 18, 2026

Docket Annotation (public)

Jun 18, 2026

3 Text Order and ECF No. 1 emailed to USANJ-HabeasCases@usdoj.gov on 6/18/2026. (jmh)

Jun 18, 2026

Text Order

#5

Jun 19, 2026

Letter

#6

Jun 19, 2026

Brief

#7

Jun 21, 2026

TEXT ORDER: This matter comes before the Court on the Respondent's letter response (ECF No. 5 ), filed pursuant to this Court's June 18, 2026 Text Order stating that, "if Respondents contend that Petitioner's case is legally distinguishable from those cases herein," they shall file an expedited answer (ECF No. 3 ), and Petitioner's brief in further support of his petition for a writ of habeas corpus (ECF No. 6 ). According to the June 18, 2026 Text Order, "[b]ased 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)." (ECF No. 3 .) According to Respondents, Petitioner asserts that he is being unlawfully detained pursuant to § 1225 and is ineligible for a bond hearing. (ECF No. 5 at 1.) Respondents contend that Petitioner is "mistaken;" because he entered the United States unlawfully at an unknown place and time, and on June 15, 2026, was detained in Bethpage, New York, his detention arises under § 1226(a); he is thereby eligible for a bond hearing before an immigration judge ("IJ"); and "[h]e needs only to request [a bond hearing]." (Id.) However, as Respondents explain (ECF No. 6 ), the IJs with jurisdiction over this matter sit in Elizabeth, New Jersey, and, in the absence of a binding Third Circuit ruling to the contrary, they are bound by the Board of Immigration Appeals's precedential decision in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025), holding individuals (like Petitioner) that entered the United States without admission are subject to mandatory detention under § 1225(b) and therefore ineligible to be released on bond. (ECF No. 6 at 2-3.) Accordingly, the Court ORDERS that, within twenty-four (24) 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. So Ordered by Judge Georgette Castner on 6/21/2026. (jmh) (Entered: 06/22/2026)

Jun 22, 2026

Text Order

#8

Jun 24, 2026

Letter

#9

Jun 25, 2026

TEXT ORDER: This matter comes before the Court upon receipt of Respondents' letter confirming that U.S. Immigration and Customs Enforcement released Petitioner from its custody "with no conditions imposed." (ECF No. 8 .) Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS the Order (ECF No. 2 ) prohibiting Petitioner's transfer from the District of New Jersey pending further order of this Court. The Clerk's Office shall CLOSE this matter. So Ordered by Judge Georgette Castner on 6/25/2026. (jmh) (Entered: 06/25/2026)

Jun 25, 2026

Order of Dismissal