District of New Jersey • 2:26-cv-08028

#1

Jul 01, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17606986.), filed by GOKHAN BAYRAKDAR. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Supplement Motion for TRO, # 3 Memorandum TRO Memorandum)(PARK, ALINA) (Attachment 1 replaced on 7/2/2026) (adc, ). (Entered: 07/01/2026)

#2

Jul 01, 2026

TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court.. So Ordered by Judge Esther Salas on 7/1/26. (tjg, ) (Entered: 07/01/2026)

Jul 01, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 01, 2026

Case assigned to Judge Esther Salas. (tjg, )

Jul 01, 2026

Case Assigned/Reassigned

#3

Jul 02, 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 Turkey, alleges that, he entered the United States in or around 2022, filed an application for asylum (which remains pending), and is married to a U.S. citizen spouse (and a I-130 Petition for Alien Relative as well as an I-485 Application for Adjustment of Status to Lawful Permanent Resident are currently pending). (Id. Paras. 1-3). According to Petitioner, he "has never been arrested anywhere in the world." (Id. Para. 5). On June 29, 2026, U.S. Immigration and Customs Enforcement arrested Petitioner at a scheduled asylum interview, and he is presently detained at the Delaney Hall Contract Detention Facility in Newark, New Jersey. (Id. Paras. 4, 6). The Petition is silent regarding whether Petitioner has been charged or convicted of any crime. Accordingly, within twenty-four (24) hours of the issuance of this Text Order, Petitioner shall assert under oath whether he has any criminal history. The Court will take appropriate further action upon receipt of Petitioner's certification. 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 -3), 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 7/2/2026. (ek) (Entered: 07/02/2026)

#4

Jul 02, 2026

Certification

Jul 02, 2026

Text Order

#5

Jul 04, 2026

TEXT ORDER : This matter is before the Court on the Petitioner's sworn statement, (D.E. No. 4 ("Sworn Statement")), filed pursuant to this Court's July 2, 2026 Text Order, (D.E. No. 3 ("July 2, 2026 Text Order")), directing Petitioner to assert "under oath whether he has any criminal history." In his Sworn Statement, Petitioner certifies under penalty of perjury that he has never been arrested, charged with, convicted or, or sentenced for any criminal offense in the United States or any other country." (Sworn Statement Para. 3). According to Petitioner, he has "no criminal history." (Id. Para. 4). Based on Petitioner's Sworn Statement, the allegations in his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, (D.E. No. 1 ("Petition")), summarized in the July 2, 2026 Text Order, and this Court's recent decision in Diaz Rudecindo v. Florentino, No. 25-16942, 2025 WL 3470299 (D.N.J. Dec. 3, 2025), 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 § 1225(b) in violation of the Immigration and Nationality Act and his Fifth Amendment right to due process. See also Rivera Zumba v. Bondi, No. 25-14626, 2025 WL 2753496 (D.N.J. Sept. 26, 2025); Vasquez Lucero v. Soto, No. 25-16737, 2025 WL 3240895 (D.N.J. Nov. 20, 2025); Quintanar Hernandez v. Bondi, No. 26-04096, D.E. No. 4 (D.N.J. Apr. 17, 2026). "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 § 1225(b)(2), which has been rejected by numerous Courts in this District; this Court will not correct Respondents' unlawful detention under § 1225(b)(2) 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, 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. Petitioner's request for a temporary restraining order, (see D.E. No. 1 -2), is DENIED as moot. So Ordered by Judge Esther Salas on 7/4/2026. (ek) (Entered: 07/04/2026)

#6

Jul 04, 2026

Notice of Appearance

#7

Jul 04, 2026

Letter

Jul 04, 2026

Text Order

#8

Jul 07, 2026

Response (NOT Motion)