District of New Jersey • 2:26-cv-08028

#1

Jul 01, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17606986.), filed by GOKHAN BAYRAKDAR. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Supplement Motion for TRO, # 3 Memorandum TRO Memorandum)(PARK, ALINA) (Attachment 1 replaced on 7/2/2026) (adc, ). (Entered: 07/01/2026)

#2

Jul 01, 2026

TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court.. So Ordered by Judge Esther Salas on 7/1/26. (tjg, ) (Entered: 07/01/2026)

Jul 01, 2026

Case assigned to Judge Esther Salas. (tjg, )

Jul 01, 2026

Case Assigned/Reassigned

Jul 01, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jul 02, 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 Turkey, alleges that, he entered the United States in or around 2022, filed an application for asylum (which remains pending), and is married to a U.S. citizen spouse (and a I-130 Petition for Alien Relative as well as an I-485 Application for Adjustment of Status to Lawful Permanent Resident are currently pending). (Id. Paras. 1-3). According to Petitioner, he "has never been arrested anywhere in the world." (Id. Para. 5). On June 29, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner at a scheduled asylum interview, and he is presently detained at the Delaney Hall Contract Detention Facility in Newark, New Jersey. (Id. Paras. 4, 6). The Petition is silent regarding whether Petitioner has been charged or convicted of any crime. Accordingly, within twenty-four (24) hours of the issuance of this Text Order, Petitioner shall assert under oath whether he has any criminal history. The Court will take appropriate further action upon receipt of Petitioner's certification. 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 -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 Esther Salas on 7/2/2026. (ek) (Entered: 07/02/2026)

#4

Jul 02, 2026

Certification on behalf of GOKHAN BAYRAKDAR. (PARK, ALINA) (Entered: 07/02/2026)

Jul 02, 2026

Text Order

#5

Jul 04, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's sworn statement, (D.E. No. 4 ("Sworn Statement")), filed pursuant to this Court's July 2, 2026 Text Order, (D.E. No. 3 ("July 2, 2026 Text Order")), directing Petitioner to assert "under oath whether he has any criminal history." In his Sworn Statement, Petitioner certifies under penalty of perjury that he has never been arrested, charged with, convicted or, or sentenced for any criminal offense in the United States or any other country." (Sworn Statement Para. 3). According to Petitioner, he has "no criminal history." (Id. Para. 4). Based on Petitioner's Sworn Statement, the allegations in his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, (D.E. No. 1 ("Petition")), summarized in the July 2, 2026 Text Order, and this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), 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 § 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); Vasquez Lucero v. Soto, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025); Quintanar Hernandez v. Bondi, No. 26-04096, D.E. 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 (D.N.J. Apr. 20, 2026). The Court thus GRANTS the Petition, 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. Petitioner's request for a temporary restraining order, (see D.E. No. 1 -2), is DENIED as moot. So Ordered by Judge Esther Salas on 7/4/2026. (ek) (Entered: 07/04/2026)

#6

Jul 04, 2026

NOTICE of Appearance by SANDRA ANN BOBER on behalf of TODD BLANCHE, MARKWAYNE MULLIN, JOHN TSOUKARIS, DAVID J. VENTURELLA, WARDEN (BOBER, SANDRA) (Entered: 07/04/2026)

#7

Jul 04, 2026

Letter from Respondents re: Answer to § 2241 Petition. (Attachments: # 1 Exhibit A - 2026.6.30 Form I-213, # 2 Exhibit B - 2022.5.31 Form I-213, # 3 Exhibit C - 2022.5.31 Record of Sworn Statement, # 4 Exhibit D - 2022.5.31 Notice and Order of Expedited Removal, # 5 Exhibit E - 2022.5.31 Notice to Alien Ordered Removed, # 6 Exhibit F - 2022.6.10 Notice of Custody Determination, # 7 Exhibit G - 2022.6.10 Interim Notice Authorizing Parole, # 8 Exhibit H - 2022.6.10 ATD Enrollment, # 9 Exhibit I - 2026.6.20 Warrant)(BOBER, SANDRA) (Entered: 07/04/2026)

Jul 04, 2026

Text Order

#8

Jul 07, 2026

RESPONSE. (PARK, ALINA) (Entered: 07/07/2026)

#9

Oct 07, 2026

Letter from Petitioner Notifying Court of Supplemental Authority. (PARK, ALINA) (Entered: 10/07/2026)

#10

Oct 09, 2026

TEXT ORDER : This matter is before the Court on Petitioner's petition for a writ of habeas corpus under 28 U.S.C. § 2241, (D.E. No. 1 ("Petition")), Petitioner's certification stating under penalty of perjury that he has never been arrested, charged with, convicted of, or sentenced for any criminal offense in the United States or any other country, (D.E. No. 4 ), Respondents' letter answer, (D.E. No. 7 ("Letter Answer")), Petitioner's reply, (D.E. No. 8 ), and Petitioner's supplemental authority letter, (D.E. No. 9 ). Petitioner, a native and citizen of Turkey, on or about May 26, 2022, entered the United States, was encountered by immigration officials at or near Fabens, Texas, and was processed for expedited removal pursuant to 28 U.S.C. § 1225(b)(1). (Letter Answer at 1). U.S. Immigration and Customs Enforcement issued a Notice and Order of Expedited Removal on May 31, 2022 and released Petitioner on parole pursuant to 8 U.S.C. § 1182(d)(5)(A). (Id.at 2). On June 29, 2026, Petitioner was encountered and arrested in a targeted enforcement operation in Newark, New Jersey, and he was provided with a credible fear interview. (Id.). According to Respondents, Petitioner is detained without bond under § 1225(b)(1)(B)(iii)(IV). (Id.). However, the Court concludes Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that Respondents have unlawfully detained him without a bond hearing under § 1225(b) in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. According to this Court's Self-Executing Order (currently entered by this Court in newly filed habeas proceedings), "if (a) Petitioner is not subject to a final order of removal, (b) Petitioner was most recently apprehended in the interior of the country, rather than at the border or port of entry, and (c) Respondents had not issued a Notice of Custody Determination by the time the Petition was filed, then Petitioner's detention is unlawful under Buele Morocho v. Warden Philadelphia FDC, No. 261150, 2026 WL 2546223 (3d Cir. Aug. 28, 2026) (interpreting § 1225(b)(2)) or cases in this District interpreting 8 U.S.C. § 1225(b)(1). Respondents SHALL RELEASE Petitioner within twentyfour (24) hours of the entry of this Order, UNLESS Respondents determine that Petitioner has a criminal history." See, e.g., Olano-Velasquez v. Blanche, No. 26-13179, D.E. No. 2 at 1. Here, it is undisputed that: (i) Petitioner is not subject to a final order of removal, (ii) Petitioner was most recently apprehended in the interior of the United States, (iii) Respondents had not issued a Notice of Custody Determination by the time the Petition was filed; and (iv) Petitioner has no criminal history. According to "cases in this District interpreting 8 U.S.C. § 1225(b)(1)," Petitioner is not subject to mandatory detention under that provision because immigration officials previously paroled him into the country pursuant § 1182(d)(5)(A). See, e.g., Guzman v. Bondi, No. 26-1250, 2026 WL 1534682, at *2 (D.N.J. June 1, 2026) ("Guzman argues that he is not subject to mandatory detention because 'the plain language of § 1225(b)(1)(A)(iii)(II) unambiguously excludes individuals who have been paroled into the United States' and that 'the statutory text of § 1182(d)(5)(A) does not support returning them to their pre-parole status[.]' For the reasons explained below, the Court agrees with Guzman." (citation omitted)). Furthermore, although Petitioner may have been subject to detention under § 1226(a) at the time of his interior arrest, the Court will not correct Respondents' unlawful detention under § 1225(b)(1) by converting Petitioner's detention to a potentially lawful alternate form under a different statutory provision with different procedural requirements and rules. See id. at *5. The Court thus GRANTS the Petition, and ORDERS that Respondents SHALL RELEASE Petitioner within twenty-four (24) hours of the time of entry of this Text Order under the same conditions, if any, that existed prior to his detention and with all personal property seized at the time of his arrest in the same condition as it existed immediately prior to arrest. Respondents 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. So Ordered by Judge Esther Salas on 10/9/2026. (ek) (Entered: 10/09/2026)

Oct 09, 2026

Text Order

#11

Oct 10, 2026

Letter from Respondents re: Petitioner's Release. (BOBER, SANDRA) (Entered: 10/10/2026)

Oct 13, 2026

Terminate Civil Case

Oct 13, 2026

Text Order