District of New Jersey • 2:26-cv-08574

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Jul 10, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17648002.), filed by NONGOA SARAN DOUKOURE. (Attachments: # 1 Civil Cover Sheet, # 2 Memorandum, # 3 Supplement)(PARK, ALINA) (Entered: 07/10/2026)

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Jul 10, 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 7/10/2026. (jml, ) (Entered: 07/10/2026)

Jul 10, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 10, 2026

Judge Evelyn Padin added. (jml, )

Jul 10, 2026

Add and Terminate Judges

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Jul 12, 2026

RESPONSE to Petition for Writ of Habeas Corpus by JASON BENZEL, TODD BLANCHE, MARKWAYNE MULLIN, JOHN TSOUKARIS, DAVID J. VENTURELLA. (Attachments: # 1 Exhibit B - July 9, 2026 Warrant of Removal-Deportation, # 2 Exhibit A - July 9, 2026 Form I-213)(BAJADA, FRANCES) (Entered: 07/12/2026)

#4

Jul 13, 2026

TEXT ORDER: Petitioner Nongoa Saran Doukoure filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 alleging she is unlawfully detained by immigration authorities in violation of 8 U.S.C. § 1231(a)(6) and the Fifth Amendment's Due Process Clause. D.E. 1 ("Petition"). In accordance with Rule 4 of the Rules Governing 2254 Cases ("Habeas Rule 4"), applicable to § 2241 cases through Rule 1(b), scope of the Rules, this Court has screened the Petition for dismissal. Respondents shall file an expedited answer to the Petition within 24 hours (by 7/12). In their answer, Respondents shall, at a minimum, indicate whether they dispute any of the factual allegations within the Petition, including whether Petitioner has a criminal history. Petitioner may file a reply brief within three days of the filing date of the answer. So Ordered by Judge Evelyn Padin on 7/11/2026. (bt) (Entered: 07/13/2026)

Jul 13, 2026

Text Order

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Jul 15, 2026

Reply to Response (NOT Motion)

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Jul 20, 2026

Declaration

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Jul 22, 2026

TEXT ORDER: Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 challenging the lawfulness of her detention by Immigration and Customs Enforcement ("ICE") and raises two primary claims: (1) her detention violates her Fifth Amendment liberty interest and right to due process because her removal is not reasonably foreseeable; (2) her re-detention in violation of governing regulations violates her right to due process and entitles her to release pursuant to United States ex rel. Accardi v. Shaughnessy, 347 U.S. 260, 268 (1954). D.E. 1 ("Petition").Respondents filed an answer in opposition to the Petition and argue: (1) Petitioner's detention falls within the 90-day removal period of mandatory detention under 8 U.S.C. § 1231(a)(1)(A); and (2) the Court lacks jurisdiction over any claims challenging the revocation of supervised release. D.E. 3 ("Answer") at 2-6 and n. 2. Petitioner replied that: (1) the Department of Homeland Security's third country removal process violates the Immigration and Nationality Act ("INA"), 8 U.S.C. § 1231(b)(3) and governing regulations, which renders her detention for removal to a third country unlawful; and (2) the 90-day removal period expired 90-days after Petitioner's April 20, 2011 removal order became final. D.E. 5 ("Reply") at 2-10. On July 20, 2026, Respondents filed the Declaration of Vu Cam, Acting Unit Chief, Removal Management Decision, ICE, who asserts that Petitioner will be removed to Ghana on July 30, 2026, pursuant to the March 30th, 2025 memorandum of former DHS Secretary Kristi Noem, Guidance Regarding Third Country Removals. D.E. 6 ("Declaration of Vu Cam").The following facts are undisputed. Petitioner is a native and citizen of Guinea who entered the United States without inspection, married a U.S. citizen, and has three U.S. citizen children. Petition at 2. On October 23, 2008, Petitioner filed an application for asylum and withholding of removal to Guinea. D.E. 3-2 ("Jul. 9, 2026 Form I-213") at 2. On December 3, 2008, ICE issued a Notice to Appear and released Petitioner. On January 20, 2011, an Immigration Judge ("IJ") issued Petitioner a final order of removal, and granted her withholding of removal to Guinea. D.E. 3-1 ("Jan. 20, 2011 IJ Order") at 11. ICE arrested Petitioner on July 9, 2026, in Newark, New Jersey, for her safe third-country removal to Ghana. Jul. 9, 2026 Form I-213 at 2. The same day, to effectuate Petitioner's removal based on her entry into the United States without admission or parole or a valid entry document, ICE issued a warrant of removal/deportation. D.E. 3-1 ("July 9, 2026 Warrant of Removal") at 1-7.It is ORDERED that the parties shall meet and confer to attempt to resolve Petitioner's claim regarding her removal to a third country without due process. The parties shall file a status report within five days of this order. If the matter is not resolved, the Court will order supplemental briefing. This Court's order restraining Petitioner's transfer outside the District of New Jersey, including her removal, during these proceedings remains in effect. D.E. 2 ("No Transfer Order"). So Ordered by Judge Evelyn Padin on 7/22/2026. (bt) (Entered: 07/22/2026)

Jul 22, 2026

Text Order

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Jul 27, 2026

Status Report

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Aug 03, 2026

TEXT ORDER: It is ORDERED that the parties shall file supplemental briefs limited to 10 pages, within seven days of this Order, addressing whether (1) there are changed circumstances concerning the foreseeability of Petitioner's removal to Ghana or Petitioner's opportunity to assert fear of removal to Ghana or onward transfer from Ghana; (2) the legality of third-country removal to Ghana can be meaningfully reviewed through a motion to reopen and a petition for review, including whether an immigration judge or the Board of Immigration Appeals has authority to adjudicate DHS's compliance with § 1231(b)(2); (3) Section 1231(b)(2) creates an individual procedural entitlement enforceable under the Due Process Clause and, if so, what process was required and what process did Petitioner receive; and (4) an alleged violation of § 1231(b)(2) renders Petitioner's detention unlawful independently of any challenge to the execution of her removal order. So Ordered by Judge Evelyn Padin on 8/3/2026. (bt) (Entered: 08/03/2026)

Aug 03, 2026

Text Order

#10

Aug 07, 2026

Letter

#11

Aug 10, 2026

RESPONSE. (PARK, ALINA) (Entered: 08/10/2026)

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Aug 11, 2026

Order

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Aug 18, 2026

Letter