District of New Jersey • 2:26-cv-07804

OZTURK v. TSOUKARIS

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Case Information

Filed: June 26, 2026
Assigned to: Katharine Sweeney Hayden
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: July 09, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 26, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17588026.), filed by TASKIN OZTURK. (Attachments: # 1 Exhibit A - Parole Documents, # 2 Exhibit B - I-589 Receipt Notice, # 3 Exhibit C - I-130 Receipt Notice, # 4 Civil Cover Sheet)(DEANE, CONOR) (Entered: 06/26/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 26, 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 6/26/2026. (ps) (Entered: 06/26/2026)
Jun 26, 2026
Case Assigned to Judge Katharine S. Hayden. (ps)
Jun 26, 2026
Case Assigned/Reassigned
Jun 26, 2026
Emergent Immigration Habeas Non-transfer Order
#3
Jul 02, 2026
TEXT ORDER: Petitioner TASKIN OZTURK is a citizen of Turkiye who allegedly entered the United States without inspection in April 2021, and was paroled into the United States pursuant to 8 U.S.C. § 1182(d)(5); he is married to a Lawful Permanent Resident ("LPR") and has pending claims for asylum. (ECF No. 1, Petition at 1-4.) He was arrested by Immigration and Customs Enforcement ("ICE") on June 26, 2026, despite compliance with his terms of parole (id. at 5-6), and contends that he is unlawfully detained under 8 U.S.C. § 1225(b) and is entitled to release or a bond hearing under 8 U.S.C. § 1226(a). In Guzman v. Bondi, 26-1250 (KSH), 2026 WL 1534682, at *5 (D.N.J., 2026) (Jun. 1, 2026), this Court rejected respondents' argument that a noncitizen who was paroled at the border under 8 U.S.C. § 1182(d)(5)(A) reverts to his prior detention status following a period of parole; see also Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025) (holding that the plain language of 8 U.S.C. § 1225(b)(2)(A) does not govern the detention of a noncitizen who enters the United States without inspection and is later arrested within the interior of the United States). Based on the allegations in the Petition and this Court's prior decisions, the Court GRANTS the Petition. The Court will not convert Petitioner's detention to a potentially lawful alternate form under a different statute with different procedural requirements and rules. See Guzman, 2026 WL 1534682, at *5. It is ORDERED that Respondents shall release Petitioner within 24 hours and confirm his release in writing on the docket within three (3) days. ALTERNATIVELY, if Respondents contend that Petitioner's case is factually or legally distinguishable, or that Petitioner has a significant criminal history, they shall file an expedited answer within five (5) days, and Petitioner may file a reply within three (3) days of the filing of the expedited answer. The Court's Text Order (ECF No. 2) that temporarily enjoins Respondents from transferring Petitioner from this District REMAINS IN EFFECT until Petitioner is released or the proceedings conclude. So Ordered by Judge Katharine S. Hayden on 7/2/2026. (mw) (Entered: 07/02/2026)
Jul 02, 2026
Order
#4
Jul 03, 2026
Notice of Appearance
Main Document: Notice of Appearance
#5
Jul 03, 2026
Letter
Main Document: Letter
Jul 09, 2026
Terminate Civil Case
Jul 09, 2026
Order

Parties

OZTURK
Party
TSOUKARIS
Party