District of New Jersey • 2:26-cv-05852

#1

May 21, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17451216.), filed by Fadi Said Fayiz NAMMAS. (Attachments: # 1 Memorandum, # 2 Civil Cover Sheet)(CURBELO, CAROLINA) (Entered: 05/21/2026)

#2

May 21, 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 5/21/2026. (jml, ) (Entered: 05/21/2026)

May 21, 2026

Add and Terminate Judges

May 21, 2026

Judge Evelyn Padin added. (jml, )

May 21, 2026

Emergent Immigration Habeas Non-transfer Order

#3

May 22, 2026

TEXT ORDER: Petitioner Fadi Said Fayiz Nammas filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 alleging he is unlawfully detained by immigration authorities under 8 U.S.C. § 1225(b). D.E. 1 ("Petition"). It is ORDERED that, if Respondents contest Petitioner's factual allegations and/or contend that Petitioner has a criminal record and/or assert this case is distinguishable from the cases in this district previously addressing § 1225, they shall file an expedited answer to the Petition within five days of the date of entry of this Order, and Petitioner may file a reply within three days of the date of filing of Respondents' expedited answer. If Respondents do not file expedited answer, under this Court's decision in Lomeu v. Soto, No. 25-16589, 2025 WL 2981296, at *9 (D.N.J. Oct. 23, 2025), and other recent decisions in this District interpreting § 1225, including Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496(D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419, 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), accepting Petitioner's allegations as true, the Court holds Petitioner's mandatory detention under Section 1225(b) is unlawful and further violates his liberty interest protected by the Due Process Clause of the Fifth Amendment. If Respondents do not file an expedited answer in opposition, they shall instead release Petitioner within five days of this order and file a written notice of Petitioner's release within three days. If Respondents subsequently detain Petitioner under 8 U.S.C. § 1226(a), they shall comply with the regulations at 8 C.F.R. § 236.1(c)(8) and (d). So Ordered by Judge Evelyn Padin on 5/22/2026. (bt) (Entered: 05/22/2026)

May 22, 2026

Text Order

#4

May 23, 2026

Notice of Appearance

#5

May 27, 2026

Response (NOT Motion)

#6

May 28, 2026

Reply to Response (NOT Motion)

#7

May 28, 2026

Exhibit (to Document)

#8

May 29, 2026

Letter

#9

May 29, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner Fadi Nammas's Emergency Status Report, D.E. 6 ("Emergency Motion"), in which he claims that his bond hearing in Immigration Court--which was held without his counsel present--violates the Immigration and Nationality Act ("INA") and the Fifth Amendment Due Process Clause of the United States Constitution. The Court ORDERS the parties to meet-and-confer in an attempt to resolve this matter and file an update on the docket no later than 6/2/2026 at 12:00 PM. If the matter is resolved, Petitioner shall advise the Court by filing a letter on the docket. If the matter is not resolved, Respondents shall file a response to the Emergency Motion on or before 6/3/2026 at 12:00 PM and by simultaneously emailing the response to Chambers. The Court reiterates its prior order, D.E. 2, that Respondents shall not transfer Petitioner from New Jersey during the pendency of this dispute. So Ordered by Judge Evelyn Padin on 5/29/2026. (bt) (Entered: 05/29/2026)

May 29, 2026

Text Order

#10

Jun 02, 2026

Letter

#11

Jun 03, 2026

TEXT ORDER: In light of the latest submission from Respondents, D.E. 10, the Court DENIES Petitioner's habeas petition, D.E. 1, as MOOT given Petitioner withdrew his request for a bond hearing. Accordingly, this matter is CLOSED. So Ordered by Judge Evelyn Padin on 6/3/2026. (bt) (Entered: 06/03/2026)

Jun 03, 2026

***Civil Case Terminated. (wh)

Jun 03, 2026

Text Order

Jun 03, 2026

Terminate Civil Case

#12

Jun 16, 2026

Status Report

#13

Jun 18, 2026

TEXT ORDER: This matter is before the Court upon Petitioner's emergency status report, D.E. 12 ("Status Report"), seeking to reopen this matter and continue the stay of Petitioner's transfer outside of New Jersey for consideration of Petitioner's additional challenges to his detention by immigration authorities. It is ORDERED that the Clerk shall REOPEN this matter, including the Order staying Petitioner's transfer outside New Jersey during the pendency of this proceeding, D.E. 2. Respondents shall file a response to Petitioner's Status Report by noon on June 22, 2026. Petitioner may file a response by June 24, 2026. So Ordered by Judge Evelyn Padin on 6/18/2026. (bt) (Entered: 06/18/2026)

Jun 18, 2026

Text Order AND ~Util - Case Reopened

#14

Jun 21, 2026

Letter

#15

Jun 24, 2026

Letter

#16

Jul 08, 2026

Miscellaneous Relief

Jul 08, 2026

Set Deadlines as to 16 MOTION FOR IMMEDIATE RELEASE FROM IMMIGRATION DETENTION AND REQUEST FOR EXPEDITED CONSIDERATION WITH SUPPORTING DECLARATION. Motion set for 8/3/2026 before Judge Evelyn Padin. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (sks)

Jul 08, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#17

Jul 09, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner's June 16, 2026 emergency status report, D.E. 12 ("June 16 Status Report"), Respondents' response, D.E. 14 ("Response"), and Petitioner's reply, D.E. 15 ("Reply").Petitioner is a national of Jordan who entered the United States on a B-2 visitor visa approximately four years before filing the Petition. D.E. 1 ("Petition") 20-22. From July 2024 through May 2026, Petitioner was held in pretrial detention on federal criminal charges that were ultimately dismissed. Id. 22-24. Petitioner alleges that, immediately upon his release from federal criminal custody on May 21, 2026, U.S. Immigration and Customs Enforcement ("ICE") took him into immigration custody without notice, without an opportunity to contact counsel, and without issuing a Notice to Appear ("NTA") or initiating removal proceedings before the Executive Office for Immigration Review. Id. 25-26.Petitioner filed the Petition that same day, asserting that there were no administrative remedies to exhaust because he was not yet in removal proceedings. Id. 31-32. He alleged violations of his substantive and procedural due process rights under the Fifth Amendment because there was no factual or legal basis for his detention, and because he was not given notice of the immigration charges or an opportunity to contest the basis for his detention. Id. 33-40. He also alleged that his detention was arbitrary and capricious under the Administrative Procedure Act. Id. 41-43. For relief, he sought immediate release or, alternatively, an immediate individualized bond hearing before a neutral immigration judge. Id. at 12.The Court ordered Respondents to file an expedited answer or, alternatively, to release Petitioner. D.E. 3 ("May 22 Text Order"). Respondents filed an expedited answer opposing habeas relief. D.E. 5 ("Answer"). Respondents represented that: (1) on May 20, 2026, ICE served Petitioner with an NTA charging him as removable under 8 U.S.C. § 1227(a)(1)(B), D.E. [5-2], Ex. B ("NTA") at 1; (2) Petitioner requested that an immigration judge ("IJ") review his custody determination, D.E. [5-3], Ex. C ("Notice of Custody Determination") at 1; (3) the Executive Office for Immigration Review scheduled Petitioner for a bond hearing on May 27, 2026, D.E. [5-4], Ex. D ("Notice of Custody Redetermination Hearing") at 1; and (4) on May 27, 2026, Petitioner withdrew his request for a bond hearing, D.E. [5-5], Ex. E ("Order of the Immigration Judge") at 1. Respondents argued that Petitioner's detention was lawful under 8 U.S.C. § 1226(a), and that Petitioner had not sought to reschedule a bond hearing. Answer at 3.Petitioner then filed his first emergency status report, D.E. 6 ("May 28 Status Report"), alleging that the May 27, 2026 bond hearing was conducted without his attorney present because of "a systematic breakdown in notice procedures compounded by an administrative error involving Petitioner's Alien Registration Number." Id. at 1. Petitioner requested a declaration that the May 27, 2026 bond hearing was null and void, a new bond hearing with proper notice to counsel, or, alternatively, habeas relief based on procedural violations. Id. Respondents opposed relief, explaining that Petitioner withdrew his request for a bond hearing, that the IJ did not render a custody redetermination, and that Petitioner could request a custody redetermination when he was ready to proceed. D.E. 8 ("May 29 Response").The Court ordered the parties to meet and confer concerning Petitioner's allegation that the May 27, 2026 bond hearing violated the INA and his due process rights. D.E. 9 ("May 29 Text Order"). Respondents thereafter represented that the parties conferred, confirmed that Petitioner had withdrawn his request for a bond hearing, and agreed that because the IJ did not render a custody redetermination, Petitioner could request a custody redetermination before an IJ at any time. D.E. 10 ("Meet-and-Confer Response"). Counsel for Petitioner confirmed that she intended to do so. Id. The Court then dismissed the Petition as moot and closed the case. D.E. 11 ("June 3 Order").On June 16, 2026, Petitioner filed the June 16 Status Report, seeking clarification that the Court's May 21, 2026 order enjoining Petitioner's transfer outside New Jersey ("No Transfer Order") remains in effect, and asking the Court to reopen this matter because the June 3 Order did not address Petitioner's constitutional arguments on the merits. D.E. 12 . On June 18, 2026, the Court reopened this matter, including the No Transfer Order, and ordered Respondents to respond to the June 16 Status Report. D.E. 13 . Respondents filed the Response, arguing that the Petition is moot because Petitioner is detained under 8 U.S.C. § 1226(a), he may request a bond hearing, and his counsel previously represented that Petitioner would do so. D.E. 14 . Respondents alternatively argue that the Court should deny the Petition because Petitioner has not pursued available administrative relief by requesting a bond hearing. Id. Petitioner then filed the Reply, arguing that the Petition is not moot, that exhaustion is inapplicable because he seeks release rather than a bond hearing, and that he was denied due process at the May 27, 2026 bond hearing because counsel and a qualified interpreter were not present. D.E. 15 .After carefully considering the parties' arguments, the Court DENIES the Petition. Petitioner has not shown that immediate release, or a declaration that the May 27, 2026 bond hearing was null and void, is warranted on this record. The May 27, 2026 hearing did not result in a custody redetermination. Rather, Petitioner withdrew his request for a bond hearing before the IJ rendered any custody determination. Thus, there is no adverse custody determination for this Court to vacate, and Petitioner was not deprived of counsel or interpretation services in a hearing that determined his custody status. In turn, Petitioner cannot ground a request for relief in that hearing. Petitioner remains detained under 8 U.S.C. § 1226(a), and therefore, he remains able to request a custody redetermination before an IJ.Petitioner shall file a status report within seven days advising the Court whether he has requested a bond hearing and, if so, the status of that request. The No Transfer Order shall remain in effect pending Petitioner's status report and further Order of the Court. So Ordered by Judge Evelyn Padin on 7/9/2026. (bt) (Entered: 07/09/2026)

Jul 09, 2026

Text Order

#18

Jul 13, 2026

Status Report

#19

Jul 13, 2026

Status Report

Jul 13, 2026

CLERK'S QUALITY CONTROL MESSAGE - The documents submitted by FADI SAID FAYIZ NAMMAS via ADS on 7/10/2026 contain the following deficiencies: Document not signed. Documents must have a WET OR SCANNED signature. Please refer to the ADS guidelines and resubmit in accordance with ADS procedures. (sks)

Jul 13, 2026

QC - ADS Deficiency

#20

Jul 14, 2026

TEXT ORDER: The Court has reviewed Petitioner's recent pro se submission, D.E. 18, and counsel's status report, D.E. 19 . It is ORDERED that Respondents shall provide Petitioner with a bond hearing before a neutral immigration judge within seven days of the date of entry of this Order. To the extent Petitioner requests that the bond hearing be conducted specifically by Immigration Judge Quidley, that request is DENIED. Congress has vested the Attorney General with authority over the Executive Office for Immigration Review and the delegation of authority in immigration proceedings. See 8 U.S.C. § 1103(g)(1)-(2). Consistent with that statutory authority, the assignment of immigration judges is committed to the Chief Immigration Judge. See 8 C.F.R. § 1003.9(b)(3). The Court therefore may require a prompt bond hearing, but it cannot direct EOIR to assign a particular immigration judge to conduct that hearing. Within three days of Petitioner's bond hearing, Respondents shall file a status update on the docket. So Ordered by Judge Evelyn Padin on 7/14/2026. (bt) (Entered: 07/14/2026)

Jul 14, 2026

Text Order

#21

Jul 23, 2026

Notice (Other)

#22

Jul 23, 2026

Letter

Jul 24, 2026

Terminate Civil Case

Jul 24, 2026

Text Order