District of New Jersey • 1:26-cv-11990

#1

Sep 14, 2026

PETITION for Writ of Habeas Corpus, filed by FERNODE TIMA. (Attachments: # 1 Copy of Check, # 2 Envelope).(dnw). (n.m) (Entered: 09/14/2026)

#2

Sep 14, 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 9/14/2026. (dmw) (Entered: 09/14/2026)

Sep 14, 2026

Emergent Immigration Habeas Non-transfer Order

Sep 14, 2026

Filing fee: $ 5, receipt number NEW55158 (jr)

Sep 15, 2026

Filing Fee Received

#3

Sep 16, 2026

TEXT ORDER - The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner, Fernode Tima ("Petitioner") who is detained by U.S. Immigration and Customs Enforcement ("ICE"). (ECF No. 1.) Petitioner alleges that he is a native and citizen of Haiti who entered the United States without inspection on or about July 23, 2022 and was thereafter released on his own recognizance. Petitioner further alleges that he timely filed an applications for Asylum, Withholding of Removal, and protection under the Convention Against Torture, which remain pending. Petitioner further alleges he held Temporary Protected Status, which has been terminated, and that he has no criminal record. Petitioner contends that he is unlawfully detained pursuant to 8 U.S.C. § 1225(b)(2)(A) in violation of the Due Process Clause of the Fifth Amendment. (Id.) Pursuant to the Third Circuit's decision in Buele Morocho v. Warden Philadelphia FDC, No. 26-1150, 2026 WL 2546223 (3d Cir. Aug. 28, 2026), § 1225(b)(2)(A) does not authorize Petitioner's mandatory detention. Accordingly, it is ORDERED that unless Respondents identify: (a) an independent and presently applicable statutory basis for Petitioner's detention that is not inconsistent with this Order, or (b) any criminal history associated with Petitioner, Respondents shall RELEASE Petitioner from immigration custody no later than 24 hours after entry of this Order. Within three (3) days after entry of this Order, Respondents shall file either: (a) a letter certifying Petitioner's release pursuant to this Order; or (b) a letter, not to exceed two pages, identifying the statutory provision under which Petitioner is detained, the factual basis for its application, and Petitioner's criminal history, if any is alleged. Petitioner may reply within three (3) business days thereafter. So Ordered by Judge Karen M. Williams on September 16, 2026. (Williams, Karen) (Entered: 09/16/2026)

Sep 16, 2026

Text Order

#4

Sep 22, 2026

NOTICE of Appearance by JEWELL CHRISTIAN STEWART on behalf of ACTING FIELD OFFICE DIRECTOR OF NEW JERSEY IMMIGRATION AND CUSTOMS ENFORCEMENT, ATTORNEY GENERAL OF THE UNITED STATES, SECRETARY OF HOMELAND SECURITY (STEWART, JEWELL) (Entered: 09/22/2026)

#5

Sep 22, 2026

RESPONSE re 3 Text Order,,,,,,,,. (Attachments: # 1 Exhibit A - I-94 - Admission Record, # 2 Exhibit B - Form I-862 - Notice to Appear)(STEWART, JEWELL) (Entered: 09/22/2026)

#6

Sep 28, 2026

Notice of Appearance

#7

Sep 30, 2026

Amended Document (NOT Motion/Complaint)