District of New Jersey • 3:26-cv-09438

#1

Jul 27, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17718024.), filed by ENES ERGEN. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8)(GOZEL, ARIF) (Entered: 07/27/2026)

#2

Jul 28, 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 7/28/2026. (mfr) (Entered: 07/28/2026)

#3

Jul 28, 2026

TEXT ORDER: This matter is before the Court on the Petitioner's petition (Petition) for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1 .) Petitioner, a native and citizen of Turkey, alleges that he entered the United States through the Southwest border near El Paso, Texas, on or about July 12, 2022, was immediately apprehended, and was released on bond on August 10, 2022. (Id. Para. 13.) On October 25, 2022, the immigration judge terminated Petitioner's removal proceedings, and, on November 10, 2022, denied Petitioner's motion to reopen the proceedings. (Id. Para. 14.) Petitioner filed an affirmative asylum application on July 25, 2023. (Id. Para. 15.) Petitioner has established a residence in New Jersey, complied with his reporting requirements, worked with employment authorization, filed taxes, and developed ties to the local Turkish cultural and religious community. (Id. Paras. 16-17.) Petitioner has no criminal record. (Id. Para. 18.) U.S. Immigration and Customs Enforcement ("ICE") canceled and returned the bond sua sponte. (Id. Para. 19.) On July 27, 2026, ICE arrested Petitioner at a scheduled check-in appointment, and he has been detained at the Delaney Hall Detention Facility in Newark, New Jersey. (Id. Paras. 20, 22.) Based on Petitioner's allegations and this Court's recent decisions in Chen v. Soto, No. 25-17198, 2025 WL 3527239 (D.N.J. Dec. 9, 2025), Marcilla Flores v. Rokosky, No. 25-18998, 2026 WL 84434 (D.N.J. Jan. 12, 2026), and Mistry v. Rokosky, No. 25-17647, ECF No. 15 (D.N.J. Jan. 28, 2026), the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that Respondents have unlawfully detained Petitioner 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); Quintanar Hernandez v. Bondi, No. 26-4096, ECF 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, ECF No. 4 (D.N.J. Apr. 20, 2026) (same). The Court thus GRANTS the Petition (ECF No. 1 ), and ORDERS that, within forty-eight (48) hours of the time of entry of this Text Order, Respondents SHALL RELEASE Petitioner under the same conditions, if any, that existed prior to his detention. Within twenty-four (24) hours of Petitioner's release, Respondents shall file a status report confirming the time of Petitioner's release. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cases cited herein, or that Petitioner's detention is pursuant to 8 U.S.C. § 1226(a) as Petitioner has misrepresented his criminal history, they shall file an expedited answer within twenty-four (24) hours of the time of entry of this Text Order. Petitioner may file a reply within forty-eight (48) hours of the time of filing of Respondents' expedited answer. The Clerk of the Court shall forward a copy of the Petition (ECF No. 1 ), the attachments to the Petition (ECF Nos. 1 -1 through 1 -9), 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 Georgette Castner on 7/28/2026. (ijf, NM) (Entered: 07/28/2026)

Jul 28, 2026

Case Assigned to Judge Georgette Castner. (mfr)

Jul 28, 2026

Text Order

Jul 28, 2026

Notice of Judicial Preferences

Jul 28, 2026

Case Assigned/Reassigned

Jul 28, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 28, 2026

Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (jjc, )