District of New Jersey • 2:26-cv-07115

#1

Jun 15, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17542035.), filed by PETER BARNABAS SCHLOTTHAUER. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(MINTZ, ANNA ALEXANDRA) (Entered: 06/15/2026)

#2

Jun 15, 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 6/15/2026. (jr) (Entered: 06/15/2026)

Jun 15, 2026

Case assigned to Judge Esther Salas. (jr)

Jun 15, 2026

Case Assigned/Reassigned

Jun 15, 2026

Emergent Immigration Habeas Non-transfer Order

#3

Jun 16, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (D.E. No. 1 ("Petition" or "Pet.")). Chief Judge Renee Marie Bumb entered a Text Order enjoining Respondents from transferring Petitioner from New Jersey pending further Order of the Court. (D.E. No. 2 ). Pursuant to the All Writs Act, see 28 U.S.C. § 1651(a), Respondents SHALL NOT TRANSFER Petitioner from the District of New Jersey, and SHALL NOT REMOVE Petitioner from the United States, pending further order of this Court. Petitioner, a native and citizen of Hungary currently detained at the Elizabeth Detention Center in Elizabeth, New Jersey, alleges that he entered the United States through the Visa Waiver Program ("VWP") in 2014. (Pet. Para. 16.) Petitioner alleges, on information and belief, that beginning in 2017, he had deferred action because of his cooperation with the FBI as a confidential informant. (Id.). Petitioner has a disabled U.S. citizen fianc. (Id. at Para. 48). He has no criminal record. (Id.). On April 9, 2026, U.S. Immigration and Customs Enforcement ("ICE") arrested Petitioner in a parking lot in Westchester County, New York. (Id. Para. 17). On the same day, after he indicated he had a fear of returning to Hungary, ICE placed him in asylum-only proceedings. (Id.). Petitioner is presently preparing an asylum application, and he is scheduled for a master calendar hearing at the Elizabeth Immigration Court at 8:30 a.m. on June 16, 2026. (Id.). According to Petitioner, on April 11, 2026, he ruptured his Achilles tendon while in the recreation yard at the Delaney Hall Detention Facility in Newark, New Jersey, and, since that day, "due to Respondents medical neglect and failure to comply with not only medical standards of care but also their own policies and guidelines, [Petitioner] has been forced to endure constant, debilitating pain, undergo a surgery that could have been avoided, and now faces a high risk of lifelong physical impairment." (Id. Para. 1.) Based on Petitioner's allegations and District of New Jersey case law, the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that it appears Respondents have unlawfully detained Petitioner without a bond hearing under 8 U.S.C. § 1187 in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. See Molina v. Soto, No. 25-16880, 2025 WL 3281820, at *2-3 (D.N.J. Nov. 25, 2025); Gjerj G. v. Edwards, No. 19-5059, 2019 WL 125461, at *1-3 (D.N.J. Mar. 18, 2019); Emila N. v. Ahrendt, No. 19-5060, 2019 WL 113227, at *1-3 (D.N.J. Mar. 12, 2019). "Moreover, although 8 U.S.C. § 1226(a) permits discretionary detention of noncitizens based on flight risk or dangerousness, it appears that Respondents have detained Petitioner under a flawed interpretation of [§ 1187], which has been rejected by [several] Courts in this District; this Court will not correct Respondents' unlawful detention under [§ 1187] by converting Petitioner's detention to a 'potentially lawful alternate form under a different statute with different procedural requirements and rules.''" Alvarez Hererra v. Soto, No. 26-2482, D.E. No. 6 (D.N.J. Apr. 22, 2026) (quoting Fajardo-Nugra v. Soto, No. 26-975, 2026 WL 579192, at *2 (D.N.J. Mar. 2, 2026) (granting petitioner's habeas petition and ordering his release based on respondents' flawed application of § 1225(b)(2))); see also Beteta Beteta v. Blanche, No. 26- 4132 (D.N.J. Apr. 20, 2026). The Court thus GRANTS the Petition, (D.E. No. 1 ), and ORDERS that Respondents SHALL RELEASE Petitioner within twenty-four (24) hours of the time of entry of this Text Order. Alternatively, if Respondents contend that Petitioner's case is legally distinguishable from those cited herein or that he has misrepresented his criminal history, they shall file an expedited answer within forty-eight (48) hours of the time of entry of this Text Order. If Respondents do not file an expedited answer, they shall file a status report within forty-eight (48) hours of the time of entry of this Text Order confirming the time of Petitioner's release. The Clerk of Court shall forward a copy of the Petition, (D.E. No. 1 ), the attachments to the Petition, (D.E. Nos. 1 -1 through 1 -5), and this Text Order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov. So Ordered by Judge Esther Salas on 6/16/2026. (ek) (Entered: 06/16/2026)

Jun 16, 2026

Text Order

#4

Jun 18, 2026

Notice of Appearance

#5

Jun 18, 2026

Letter

#6

Jun 18, 2026

Letter

#7

Jun 18, 2026

Notice of Appearance

#8

Jun 19, 2026

Response to Habeas Petition

#9

Jun 19, 2026

Exhibit (to Document)

#10

Jun 22, 2026

TEXT ORDER : This matter comes before the Court on Respondent's expedited response to the petition for a writ of habeas corpus pursuant to 28 U.S.C. [Section Symbol] 2241. (D.E. No. 8 ("Response")). Within forty-eight (48) hours of the time of entry of this Text Order, Petitioner shall file a reply to the Response. In his reply, Petitioner shall provide legal and factual support for his contention that the existence of allegedly politically motivated warrants, charges, or investigations that serve as the basis for his fear of returning to Hungary does not amount to having a criminal record or history. So Ordered by Judge Esther Salas on 6/22/2026. (ek) (Entered: 06/22/2026)

Jun 22, 2026

Text Order

#11

Jun 24, 2026

Reply to Response (NOT Motion)

#12

Jul 01, 2026

TEXT ORDER : This matter is before the Court on Respondents' June 18, 2026 letter requesting an extension of time to answer, (D.E. No. 5 ("June 18, 2026 Request")); Petitioner's June 18, 2026 letter opposing the June 18, 2026 Request, (D.E. Nos. 6 ("June 18, 2026 Letter"), 6 -1, & 6 -2); Respondents' letter response dated June 19, 2026, (D.E. No. 8 ("Response" or "Resp.")), and supporting exhibits, (D.E. No. 9 ), submitted pursuant to this Court's June 16, 2026 Text Order, (D.E. No. 3 ("June 16, 2026 Text Order"), ordering Respondents to file an expedited answer "if Respondents contend that Petitioner's case is legally distinguishable from those cited herein or that he has misrepresented his criminal history;" and Petitioner's June 24, 2026 reply and exhibits, (D.E. Nos. 11 ("Reply"), 11 -1 & 11 -2), filed pursuant to this Court's June 22, 2026 Text Order, (D.E. No. 10 ), directing Petitioner to provide support for his contention that the existence of allegedly politically motivated warrants, charges, or investigations that serve as the basis for his fear of returning to Hungary does not amount to having a criminal record or history. Respondents' June 18, 2026 Request for additional time to answer is GRANTED nunc pro tunc. In their Response, Respondents argue that Respondent is subject to mandatory detention under 8 U.S.C. § 1187(c)(2)(E). (Resp. at 2-4). In its June 16, 2026 Letter Order, however, the Court wrote: "[b]ased on Petitioner's allegations and District of New Jersey case law, the Court holds that Petitioner is subject to detention under 8 U.S.C. § 1226(a) and that it appears Respondents have unlawfully detained Petitioner without a bond hearing under 8 U.S.C. § 1187 in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process." (June 16, 2026 Text Order (first citing Molina v. Soto, No. 25-16880, 2025 WL 3281820, at *2-3 (D.N.J. Nov. 25, 2025); then citing Gjerj G. v. Edwards, No. 19-5059, 2019 WL 1254561, at *1-3 (D.N.J. Mar. 18, 2019); and then citing Emila N. v. Ahrendt, No. 19-5060, 2019 WL 1123227, at *1-3 (D.N.J. Mar. 12, 2019))). In making that determination, the Court noted various facts, including Petitioner's presence in the United States since 2014, his work as a confidential informant for the FBI beginning in 2017, and his engagement to a United States citizen. (D.E. No. 3 ). Respondents do not distinguish this prior case law. In fact, they "acknowledg[e] the adverse decisions in this District regarding this issue." (Resp. at 2-3 (first citing Molina, 2025 WL 3281820, at *2; then citing Gjergj, 2019 WL 1254561, at *2; and then citing Emila N., 2019 WL 1123227, at *3). Accordingly, the Court rejects Respondents' § 1187 argument. Alternatively, Respondents ask the Court to order a bond hearing as a remedy rather than immediate release, "given that Petitioner mispresented his criminal history in his § 2241 petition before this Court issued it's [sic] order to release or answer by omitting that there was an ongoing investigation into his alleged criminal activities and that he is subject to arrest warrants." (Id. at 4-5 n.2 (citing ECF No. 3)). However, the record reflects that Petitioner has not been arrested or charged with any crime anywhere in the world and that he "maintains that a politically motivated investigation by Hungarian authorities is the very basis of his fear of returning to Hungary." (June 18, 2026 Letter at 2; see also Reply at 8-9 (explaining that, under Hungarian law, such warrants are issued to secure a person's presence for an ongoing investigation, questioning, or the like in connection with suspected activity and constitute the equivalent of a wanted notice as opposed to criminal charges)). Petitioner also represents that he was unaware of the Hungarian warrants until Respondents identified them in response to his petition for habeas corpus and therefore did not misrepresent anything to the Court. (Reply at 7-8). Upon careful consideration of the record, the Court finds that release is the appropriate remedy. This determination is bolstered by information in the record concerning Petitioner's other basis for relief: Respondents' alleged medical neglect concerning Petitioner's ruptured Achilles tendon. Specifically, Petitioner contends that "due to Respondents medical neglect and failure to comply with not only medical standards of care but also their own policies and guidelines, [Petitioner] has been forced to endure constant, debilitating pain, undergo a surgery that could have been avoided, and now faces a high risk of lifelong physical impairment." (June 16, 2026 Text Order (citing D.E. No. 1 Para. 1); see also generally D.E. No. 1 -3 (Decl. of Dr. Kamel Muhyeddin, DPM)). For the foregoing reasons, the Court ORDERS that Respondents SHALL RELEASE Petitioner within twenty-four (24) hours of the time of entry of this Text Order. Respondents shall file a status report within forty-eight (48) hours of the time of entry of this Text Order confirming the time of Petitioner's release. So Ordered by Judge Esther Salas on 7/1/2026. (ek) (Entered: 07/01/2026)

Jul 01, 2026

Text Order

#13

Jul 02, 2026

Letter

#14

Jul 06, 2026

TEXT ORDER : This matter comes before the Court on Respondents' July 2, 2026 letter indicating that, pursuant to this Court's July 1, 2026 Text Order, (D.E. No. 12 ), Petitioner was released from ICE custody on July 1, 2026. (D.E. No. 13 ). Having granted Petitioner all available relief, no further issues remain for adjudication. The Court LIFTS its Orders, (D.E. Nos. 2 & 3 ), prohibiting Petitioner's transfer from the District of New Jersey and Petitioner's transfer from the United States pending further order of this Court. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Esther Salas on 7/6/2026. (ek) (Entered: 07/06/2026)

Jul 06, 2026

Text Order

Jul 06, 2026

Terminate Civil Case

Jul 06, 2026

***Civil Case Terminated. (ek)

#15

Jul 08, 2026

Seal

Jul 09, 2026

Set Deadlines as to 15 MOTION to Seal . Motion set for 8/3/2026 before Judge Esther Salas. 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. (ld)

Jul 09, 2026

Set/Reset Motion and R&R Deadlines/Hearings