District of New Jersey • 1:26-cv-08998

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Jul 20, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17684714.), filed by CLINTON NSOM NGONG. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B)(MARANDETT, RACHEL) (Entered: 07/20/2026)

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Jul 20, 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 7/20/2026. (ps) (Entered: 07/20/2026)

Jul 20, 2026

Case Assigned/Reassigned

Jul 20, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 20, 2026

Case Assigned to Chief Judge Renee Marie Bumb. (ps)

#3

Jul 22, 2026

TEXT ORDER This matter comes before the Court upon Petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. 2241. Dkt. No. 1 ("Petition"). Petitioner alleges his immigration detention is unlawful. 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 and determined dismissal is not warranted.IF the Petition alleges Petitioner is unlawfully detained without a bond hearing under 8 U.S.C. 1225(b), pursuant to the Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting Section 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting Section 1225(b)(1)), and other recent decisions in this District interpreting Section 1225, the Court holds that Petitioner's mandatory detention violates the statute and due process. IF Respondents contend that: (1) Petitioner has a criminal history; or (2) Petitioner is subject to a final order of removal; or (3) Petitioner entered the United States illegally within the last five 5 years of this Order, in accordance with 8 U.S.C. 1226(a), within seven (7) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether he presents a flight risk or a danger to the community, pursuant to 8 C.F.R. Section 236.1(c)(8), (d)(1). Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court.IF Respondents do not contend that: (1) Petitioner has a criminal history; or (2) is subject to a final order of removal; or (3) Petitioner entered the United States illegally more than five 5 years prior to the date of this Order, in accordance with 8 U.S.C. 1226(a), within three (3) days of the date of entry of this Text Order, Respondents shall release Petitioner and file a status report of compliance with this Order within three (3) days of Petitioner's release.IF the Petition challenges Petitioner's detention as unlawful because he was denied due process in a bond hearing before an immigration judge, Respondents shall file an answer to the petition within ten (10) days and counsel for the parties shall cooperate to secure and submit the bond hearing transcript. Petitioner may file a reply brief within three (3) days of the answer.IF the Petition alleges Petitioner is subject to unlawful prolonged non-final removal order detention after Petitioner has received a bond hearing, Respondents shall file an answer to the Petition within ten (10) days, and Petitioner may file a reply brief within three (3) days.IF the Petition challenges Petitioner's prolonged final removal order detention as unlawful, Respondents shall file an answer to the Petition within ten (10) days and submit a removal plan, including but not limited to, a timeframe for removal and any travel documents. Respondents shall also identify any hurdles to removal within 21 days.IF the Petition was accompanied by a motion for temporary restraining order/preliminary injunctive relief or a motion for an order to show cause why the Petition should not be granted (the "Motion"), the Motion is DISMISSED as moot because the Court has enjoined Petitioner's transfer outside this District during these proceedings and ordered an expedited resolution of this matter.IF Petitioner alleges he/she is being denied medical treatment or prescribed medications, the parties shall meet and confer and file a status report within 24 hours of this Order.If Petitioner appeared pro se, the Clerk shall serve a copy of this Order on Petitioner by regular U.S. mail. So Ordered by Chief Judge Renee Marie Bumb on 07/22/2026. (Costigan, Roberta) (Entered: 07/22/2026)

Jul 22, 2026

Order

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Jul 30, 2026

Notice of Appearance

#5

Aug 03, 2026

Letter. (STEWART, JEWELL) (Entered: 08/03/2026)

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Aug 06, 2026

Response (NOT Motion)

#7

Aug 07, 2026

TEXT ORDER This matter comes before the Court upon Petitioner's petition for writ of habeas corpus under 28 U.S.C. § 2241, Dkt. No. 1 ("Petition"), Respondents' answer in opposition, Dkt. No. 5 ("Answer") and Petitioner's reply, Dkt. No. 6 ("Reply"). In July 2024, Petitioner entered the United States from Mexico, presented himself to immigration officials, and was detained for approximately two weeks. Petition 43; Dkt. No. 1-1 ("Interim Parole Notice"). He was released on humanitarian parole under 8 U.S.C. § 1182(d)(5)(A). Interim Parole Notice at 1. In August 2024, Petitioner filed an affirmative asylum application, he subsequently complied with ICE supervision requirements, and lived and worked in New Jersey. Petition 44-45. On January 29, 2026, Petitioner appeared as directed for a credible-fear interview regarding his removal to Cameroon. Petition 46. After receiving a positive credible-fear determination, he was detained by ICE and transferred to Delaney Hall. Id. DHS initiated full (non-expedited) removal proceedings that day. Petition 46-47. On March 30, 2026, in Petitioner's first habeas action, Ngong v. Soto et al., Civil Action No. 1:26-cv-02765-RMB (D.N.J.), the Court determined that he was improperly detained under § 1225(b)(1) and ordered a bond hearing under § 1226(a). Petition 3. An Immigration Judge denied bond, finding Petitioner to be a flight risk. Id.; Answer at 1-2. Petitioner alleges that the finding rested principally on his relatively short residence in the United States and lack of immediate family here. Petition at 2-3. In a separate proceeding on June 16, 2026, an Immigration Judge ordered Petitioner removed and denied his applications for relief, and Petitioner timely appealed to the BIA. Petition 48. On July 20, 2026, Petitioner filed this habeas petition after six months in detention. Petition 49. When habeas briefing concluded, Petitioner remained detained at Delaney Hall, and his BIA appeal remained pending. Reply at 6-7. Respondents did not dispute that Petitioner remains in removal proceedings and that his removal order is not presently final based on his appeal to the BIA. Answer at 1. Petitioner argues that Borbot v. Warden Hudson County Correctional Facility, 906 F.3d 274 (3d Cir. 2018) does not categorically bar a due-process challenge to prolonged detention under Section 1226(a) after a bond hearing; it expressly left open whether government delay or other circumstances could make such detention unconstitutional. Reply at 3-6. Respondents argue that Petitioner's less-than-eight-month detention, following a § 1226(a) bond hearing, is not unreasonably prolonged because Borbot upheld a longer detention, and the record shows no government delay or other exceptional cause. Answer at 1-2. Petitioner responds that Borbot left open as-applied challenges to § 1226(a) detention after a bond hearing and that the following factors favor relief: detention exceeds six months and is indefinite pending the BIA appeal; Petitioner caused no delay; confinement is punitive; and continued custody lacks a current individualized justification because Petitioner is not alleged dangerous and the flight-risk finding relied on his manner of entry and limited U.S. ties. Reply at 3-8. Even accepting Petitioner's allegations that conditions at Delaney Hall resemble criminal confinement, that factor alone does not render his less than eight-month § 1226(a) detention unreasonably prolonged, given the prior constitutionally sufficient bond hearing, absence of government-caused delay, and availability of custody redetermination upon materially changed circumstances. See e.g., Antonio G.R. v. Green, No. CV 19-6746 (SRC), 2019 WL 3557715, at *2-3 (D.N.J. Aug. 2, 2019); see also 8 C.F.R. § 1003.19(e) (availability of custody redetermination based on changed circumstances). IT IS therefore ORDERED that the Petition, Dkt. No. 1, is DENIED without prejudice to filing a future habeas petition if detention becomes prolonged in violation of due process. The Clerk shall CLOSE this case. So Ordered by Chief Judge Renee Marie Bumb on 08/07/2026. (Costigan, Roberta) (Entered: 08/07/2026)

Aug 07, 2026

Terminate Civil Case

Aug 07, 2026

Order

Aug 07, 2026

***Civil Case Terminated. (lm, )