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Habeas Corpus - Alien Detainee | New Jersey
Text Order
TEXT ORDER - The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, filed by Petitioner, Lovepreet Singh ("Petitioner"). (ECF No. 1.) According to the Petition, Petitioner is a citizen of India who entered the United States without inspection in August 2024 and was released on his own recognizance the following day. Petitioner alleges he has since resided in the United States, has a pending application for asylum, withholding of removal, and CAT protection, and has no final order of removal or criminal history. Petitioner further alleges that after relocating to New Jersey in July 2026, Petitioner notified ICE of his change of address and requested that his reporting location be transferred from California to New Jersey. Petitioner further alleges that when he appeared at ICE's Mount Laurel office on August 20, 2026, he was taken into custody and transferred to Delaney Hall, where he remains detained. Petitioner contends that Respondents are improperly detaining him as an arriving alien under 8 U.S.C. § 1225(b)(2)(A), rather than under 8 U.S.C. § 1226(a), and that his continued detention without an individualized bond hearing violates the INA and the Fifth Amendment. (Id.) If Respondents determine that Petitioner (1) does NOT have a criminal history, and (2) is NOT subject to a final order of removal, Respondents shall release Petitioner within twenty-four (24) hours of the entry of this Order (a) in the State of New Jersey, if Petitioner was initially arrested in New Jersey, or otherwise as close to the place of initial arrest as reasonably practicable; (b) without additional conditions (such as ankle monitors or other electronic tracking devices); and (c) with all personal property seized at the time of arrest in the same condition as it existed immediately prior to arrest. 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 (1) whether Petitioner has a criminal history, (2) whether Petitioner is subject to a final order of removal, and (3) the statutory authority under which Petitioner continues to be detained. Upon receipt of that letter, the Court will determine whether an expedited scheduling order or other proceedings are necessary. In light of the relief granted, Petitioner's Motion for Temporary Restraining Order (ECF No. 2) is DENIED. So Ordered by Judge Karen M. Williams on August 25, 2026. (Williams, Karen)
Emergent Immigration Habeas Non-transfer Order
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 8/25/26. (jbb)
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