District of New Jersey • 3:26-cv-12704

#1

Sep 25, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17992217.), filed by FATUMATA TOURAY. (Attachments: # 1 Civil Cover Sheet)(EPPLER, IAN) (Entered: 09/25/2026)

#2

Sep 25, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Zahid N. Quraishi on 9/25/2026. (jml, ) (Entered: 09/25/2026)

#3

Sep 25, 2026

NOTICE of Appearance by TASHA MARIE BRADT on behalf of TODD BLANCHE, MARKWAYNE MULLIN, WARDEN, ARTHUR WILSON, JR (BRADT, TASHA) (Entered: 09/25/2026)

#4

Sep 25, 2026

Letter from U.S. Attorney's Office re: Petitioner's Location and First Filed Petition re 2 Emergent Immigration Habeas Non-transfer Order. (BRADT, TASHA) (Entered: 09/25/2026)

Sep 25, 2026

Judge Zahid N. Quraishi added. (jml, )

Sep 25, 2026

Add and Terminate Judges

#5

Sep 28, 2026

TEXT ORDER: The Court has reviewed Respondents' September 25, 2026 letter regarding Petitioner's location and previously filed habeas petition in the Southern District of New York (ECF No. 4 ). Respondents advise that Petitioner departed New Jersey for Louisiana on the morning of September 25, 2026, several hours before this action was filed and before the Court entered its September 25, 2026 Order enjoining Petitioner's transfer from New Jersey (ECF No. 2 ). Respondents further advise that Petitioner filed a habeas petition concerning his detention in the Southern District of New York on September 24, 2026. See Touray v. Genalo, et al., No. 26-cv-08370 (AT) (S.D.N.Y.). The Third Circuit generally applies the first-filed rule in cases of concurrent federal jurisdiction, under which "the court which first has possession of the subject must decide it," while recognizing that the rule is grounded in principles of comity and remains subject to equitable considerations. See E.E.O.C. v. Univ. of Pa., 850 F.2d 969, 971-76 (3d Cir. 1988). In light of the earlier-filed action in the Southern District of New York, which appears to concern the same underlying detention and circumstances presented here, the Court declines to exercise jurisdiction over this subsequently filed action. Accordingly, this action is DISMISSED WITHOUT PREJUDICE to Petitioner pursuing relief in the first-filed action pending in the Southern District of New York. The Court's September 25, 2026 Order (ECF No. 2 ) is VACATED as moot insofar as Petitioner had already departed New Jersey before that Order was entered. The Clerk of Court shall CLOSE this case.(kas, ) (Entered: 09/28/2026)

Sep 28, 2026

Order of Dismissal