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Habeas Corpus - Alien Detainee | New Jersey
Text Order ~Util - Terminate Motions
TEXT ORDER - The Court previously ordered Respondents to release Petitioner or provide an expedited answer within 48 hours. ECF No. 4. Respondents filed an expedited answer in accordance with that Order and provided evidence of one conviction. Specifically, Respondents state that Petitioner was convicted of simple assault (negligent) in 2011. ECF No. at 6 at 1. Respondents do not argue that this conviction, which occurred approximately 15 years ago, subjects Petitioner to mandatory detention under 8 U.S.C. § 1226(c) or makes him a danger or flight risk. See generally id. In his filings, Petitioner acknowledges this criminal history, e.g., ECF No. 1 at 6, but states that release is nonetheless appropriate. The Court agrees. Accordingly, the Court finds that Petitioner is being unlawfully detained under 8 U.S.C. § 1225 and Respondents are hereby ORDERED to release Petitioner within 24 hours of entry of this Order and shall file a status report of compliance within three (3) days of Petitioner's release. In addition, Petitioner's temporary restraining order (ECF No. 2) is DENIED as moot. So Ordered by Judge Claire C. Cecchi on 8/14/2026. (jl, )
Order on Motion for TRO
TEXT ORDER: In light of the Court's Self-Executing Order, ECF No. 4, Petitioner's Motion for Temporary Restraining Order, ECF No. 3 is DENIED AS MOOT. So Ordered by Judge Christine P. O'Hearn on 8/14/2026. (hem, )
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