District of New Jersey • 2:25-cv-18230

#1

Dec 03, 2025

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32075031)Document filed by Abdul Moqem Mohammadi. (Attachments: # 1 Exhibit A - ICE Detainee Locator).(Gladstein, Andrew) (Entered: 12/03/2025)

#2

Dec 03, 2025

CIVIL COVER SHEET filed..(Gladstein, Andrew) (Entered: 12/03/2025)

#3

Dec 04, 2025

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Pam Bondi, Executive Office For Immigration Review, LaDeon Francis, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security..(Waterman, Brandon) (Entered: 12/04/2025)

Dec 04, 2025

Case Designated ECF. (gp)

Dec 04, 2025

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp)

Dec 04, 2025

Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp)

#4

Dec 05, 2025

ORDER: Counsel for all parties shall appear for a conference with the Court TODAY, December 5, 2025 at 1:00 p.m. The conference will be held remotely by telephone in accordance with Rule 3(B) of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (855) 244-8681 and using access code 2303 019 3884, followed by the pound (#) key. When prompted for an attendee ID number, press the pound (#) key again. The Court will enter a further Order shortly, which the parties should review in advance of the conference. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse) (Entered: 12/05/2025)

#5

Dec 05, 2025

STAY OF REMOVAL AND NOTICE OF CONFERENCE (IMMIGRATION CASES), Petitioner has filed a Petition for the writ of habeas corpus under 28 U.S.C. § 2241. Per the text-only Order that the Court entered earlier this morning, counsel for all parties s hall appear for a conference with the Court TODAY, December 5, 2025 at 1:00 p.m. The conference will be held remotely by telephone in accordance with Rule 3(B) of the Court's Individual Rules and Practices in Civil Cases, available at https:/ /nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (855) 244-8681 and using access code 2303 019 3884, followed by the pound (#) key. When prompted for an attendee ID number, press the pound (#) key again. To preserve the Courts jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the United States absent further order of this Court. See, e.g., Khalil v. Joyce, No. 25-CV-01935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (citing cases); see also, e.g., Du v. United States Dept of Homeland Sec., No. 25-CV-644 (OAW), 2025 WL 1317944, at *1 (D. Conn. Apr. 24, 2025) ("[A] a federal court may temporarily enjoin immigration authorities from deporting individuals if it preserves the court's jurisdiction over a case or cases."). Moreover, to preserve counsel's access to Petitioner and to facilitate resolution of the Petition, Respondents sha ll not transfer Petitioner except to a facility within this District, the Eastern District of New York, or the District of New Jersey absent further order of this Court. See, e.g., Perez y Perez v. Noem, No. 25-CV-4828 (DEH), 2025 WL 1908284, at * 2-3 (S.D.N.Y. June 13, 2025) (enjoining a habeas petitioners transfer pending adjudication of his petition); see also, e.g., Arostegui-Maldonado v. Baltazar, No. 25-CV-2205-WJM-STV, 2025 WL 2280357, at *14-16 (D. Colo. Aug. 8, 2025) (same); Olive ros v. Kaiser, No. 25-CV-07117-BLF, 2025 WL2677125, at *8-9, *11 (N.D. Cal. Sept. 18, 2025) (same). Counsel should confer in advance of the conference. At the conference, Respondents shall be prepared to address (1) whether Petitioner was, as the Petition alleges, see ECF No. 1, ¶ 15, located in the Southern District of New York at the time that the Petition was filed; and (2) whether there is any basis to distinguish this case from the Court's recent immigration decisions, includ ing Guzman Cardenas v. Almodovar, No. 25-CV-9169 (JMF), 2025 WL 3215573 (S.D.N.Y. Nov. 18, 2025) and Khabazha v. U.S. Imm. And Customs Enforcement, No. 25-CV-5279 (JMF), 2025 WL 3281514, at *1 (S.D.N.Y. Nov. 25, 2025), and, if not, whether Responde nts would consent to issuance of the writ - subject to preservation of Respondents' arguments for appeal. SO ORDERED. ( Telephone Conference set for 12/5/2025 at 01:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/5/25) (yv)

#6

Dec 05, 2025

Notice of Appearance

#7

Dec 05, 2025

ICMS - converted docket entry

#8

Dec 05, 2025

TRANSFER ORDER: As discussed on the record during todays teleconference, and in light of the Stipulation and Order of Transfer of Venue filed by the parties, ECF No. 7, it is hereby ORDERED, on consent, that this case is transferred to the United States District Court for the District of New Jersey. It is further ORDERED, on consent, that Respondents shall not remove Petitioner from the United States or transfer Petitioner except to a facility within this District, the Eastern District of N ew York, or the District of New Jersey unless and until the transferee court orders otherwise. Counsel for Respondents shall immediately notify their counterparts in the transferee district of this case and share copies of this Order and all other Or ders entered in the case to date. The Clerk of Court is directed to transfer the action to the United States District Court for the District of New Jersey immediately and notwithstanding Local Rule 83.1 and then to close the case in this Court. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/5/2025) (jca)

#9

Dec 05, 2025

Case Transferred In - District Court Transfer

#10

Dec 05, 2025

TEXT ORDER : This matter is before the Court on Petitioner's motion for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (D.E. No. 1 ("Petition" or "Pet.")). According to Petitioner, Respondents have detained Petitioner under the mandatory detention provisions of U.S.C. § 1225(b), pursuant to the decision of the Board of Immigration Appeals in In Matter of Yajure Hurtado, 29 I. & N. Dec. 29 (2025). (Pet. at 1). Under this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3480299 (D.N.J. Dec. 3, 2025), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a), which requires an opportunity to seek bond, id. at *2-4. Specifically, Petitioner represents that (i) he has resided continuously in the United States since his entry in 2024; (ii) he has lived in the United State "without incident" and that his conduct "has been exemplary"; and (iii) Immigration and Customs Enforcement arrested Petitioner on December 3, 2025 when he and his counsel reported for a scheduled check-in in the interior of the United States. (See Pet. at 1, 9-10). Based on these facts, Diaz Rudecindo controls this present matter. See Diaz Rudecindo, 2025 WL 3480299, at *4. 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. 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 contend that Diaz Rudicendo does not control, they shall file an expedited answer within five (5) days of the date of entry of this Text Order, and Petitioner may file a reply within three (3) days of the date of filing of Respondents' expedited answer. So Ordered by Judge Esther Salas on 12/5/2025. (ek) (Entered: 12/05/2025)

Dec 05, 2025

Text Order

Dec 05, 2025

Order

Dec 05, 2025

Case Assigned/Reassigned

Dec 05, 2025

Case Assigned to Judge Esther Salas. (ps)

#11

Dec 08, 2025

NOTICE of Appearance by NATALIE JANET KRANER on behalf of Abdul Moqem Mohammadi (KRANER, NATALIE) (Entered: 12/08/2025)

#12

Dec 09, 2025

Appear Pro Hac Vice

#13

Dec 09, 2025

Appear Pro Hac Vice

#14

Dec 09, 2025

Appear Pro Hac Vice

#16

Dec 09, 2025

Letter

Dec 09, 2025

Text Order