Order | Filed: August 07, 2026
| Entered: August 07, 2026
SAFARYAN V. ALMODOVAR et al
Habeas Corpus - Alien Detainee | New Jersey
Text Order ~Util - Terminate Motions
TEXT ORDER - Before the Court is the amended petition for a writ of habeas corpus by Petitioner Hayk Safaryan. ECF No. 10. Having reviewed the petition and Respondents' answer, Petitioner's reply, and all other subsequent filings, ECF Nos. 16-17, 19, 21-23, the Court will dismiss the following claims in the petition. First, Petitioner's claim that he has been subject to prolonged detention, ECF No. 10 at 18-21, does not warrant release or a new bond hearing, as he is detained under 8 U.S.C. § 1226(a) and received a bond hearing in August 2025. See Borbot v. Warden Hudson Cnty. Corr. Facility, 906 F.3d 274, 275-80 (3d Cir. 2018) (recognizing that although detention under 1226(a) may become unreasonably prolonged despite an initial bond hearing, the petitioner failed to show a due process violation from his fourteen-month detention following his initial bond determination). Second, the Court has reviewed the transcript of Petitioner's prior bond hearing and finds that he has failed to demonstrate that the hearing was fundamentally unfair, ECF No. 10 at 21-23, because he received (1) factfinding based on a record disclosed to him and produced before the decisionmaker; (2) an opportunity to make arguments on his own behalf through counsel; and (3) an individualized determination of his interests. See Ghanem v. Warden Essex Cnty. Corr. Facility, No. 21-1908, 2022 WL 574624, at *2 (3d Cir. Feb. 25, 2022) (emphasizing that courts "lack jurisdiction to review any discretionary determinations underlying the IJ's bond decision"). Third, Petitioner's claim of an unlawful search and seizure in violation of the Fourth Amendment, ECF No. 10 at 23-24, is not cognizable on habeas review because the remedy for such a violation is "the suppression of evidence obtained" in the unlawful search and seizure, "not release from custody." Valenzuela v. Semaia, No. 25-2853, 2025 WL 3635578, at *4 (C.D. Cal. Nov. 3, 2025). Fourth, Petitioner has not demonstrated entitlement to release for inadequate detention conditions and medical care, ECF No. 10 at 25-27, as "[f]ederal habeas relief under 28 U.S.C. § 2241" rarely extends to such claims. Sehaim v. Soto, No. 26-2829, 2026 WL 1453896, at *1-2 (D.N.J. May 22, 2026) (citing Hope v. Warden York County Prison, 972 F.3d 310, 324-25 (3d Cir. 2020)). Finally, with respect to Petitioner's claim that he has been denied access to his criminal court hearings, ECF No. 10 at 16-18, Petitioner shall file an update within fourteen (14) days indicating whether Respondents have continued to do so. The Court also notes that Petitioner is detained under 8 U.S.C. § 1226(a) and may submit a request to the Immigration Judge for a new bond hearing based on any changed circumstances, including in relation to his pending criminal case. See Borbot, 906 F.3d at 275 (citing 8 C.F.R. § 1003.19(e)). Accordingly, Counts Two through Five in the amended petition, ECF No. 10 at 18-27, are dismissed without prejudice. Additionally, Petitioner's motion to seal, ECF No. 20, is granted. So Ordered by Judge Claire C. Cecchi on 8/7/2026. (jl, )