District of New Jersey • 2:26-cv-08196

#1

Jul 05, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17615915.), filed by SIMON KIMANI WARUHIU. (Attachments: # 1 Civil Cover Sheet)(CARDENAS, VERONICA) (Entered: 07/05/2026)

#2

Jul 05, 2026

MOTION for Temporary Restraining Order by SIMON KIMANI WARUHIU. (Attachments: # 1 Text of Proposed Order)(CARDENAS, VERONICA) (Entered: 07/05/2026)

Jul 05, 2026

Judge Michael E. Farbiarz added. (jml, )

Jul 05, 2026

Add and Terminate Judges

#3

Jul 06, 2026

TEXT ORDER: The Petitioner shall not be removed from the state of New Jersey or from the United States. A final order of removal was apparently issued in June 2023. See Petition for Writ of Habeas Corpus (28 U.S.C. § 2241) ("Petition") (ECF 1) at 23. It seems that decision became "administratively final," 8 U.S.C. § 1231(a)(B)(i), no later than October 6, 2025 --- the date that the Board of Immigration Appeals dismissed the Petitioner's challenge to the order of removal. See Petition at 27. Furthermore, it appears that the Petitioner was not detained in the 90 days immediately after the order became "administratively final." See Petition at 2 (noting that the Petitioner "was arrested on July 2, 2026" and "transferred to Delaney Hall" shortly after). So his detention looks to be governed by § 1226 --- and, if that is right, a bond hearing is required. See De Aguiar v. Rokosky, 2026 WL 1123571, at *1-2 (D.N.J. Apr. 17, 2026). Accordingly, a bond hearing shall take place on or before July 8 at noon, unless the Respondents file a letter persuasively arguing otherwise on or before July 7 at 3:00pm. In addition, a declaration from the United States Attorney's Office shall be filed on the schedule set out below. It shall indicate that the United States Attorney's Office has (i) received this Order and conveyed it to the appropriate personnel at ICE; and (ii) provided ICE with written legal advice on the subject of ICE's obligation to comply with this Order. A declaration from ICE shall also be filed. It shall indicate that ICE has (i) received this Order; and (ii) received written legal advice from the United States Attorney's Office on the subject of ICE's obligation to comply with this Order. Each declaration shall be filed on the public docket of the Court on or before noon on July 7. The first declaration must be executed by either the United States Attorney or by the Chief of the Civil Division. The second declaration must be executed by either the Newark ICE Field Office Director or by the Newark ICE Field Office Deputy Director. The declarations may be signed by hand or electronically. Finally, the United States Attorney's Office shall immediately file a letter on the Court's public docket if an Order of the Court is violated in connection with this case. So Ordered by Judge Michael E. Farbiarz on 7/6/2026. (wh) (Entered: 07/06/2026)

Jul 06, 2026

Text Order

#4

Jul 07, 2026

Notice of Appearance

#5

Jul 07, 2026

Declaration

#6

Jul 07, 2026

Declaration

#7

Jul 07, 2026

Letter

#8

Jul 08, 2026

Notice of Appearance

#9

Jul 09, 2026

Letter

#10

Jul 10, 2026

TEXT ORDER: The Petitioner shall file a reply to the Respondents' answer at ECF 7 on or before July 14 at 5:00pm. So Ordered by Judge Michael E. Farbiarz on 7/10/26. (ro, ) (Entered: 07/10/2026)

#11

Jul 10, 2026

TEXT ORDER: At 5:42pm on July 9, the Court issued the text order at ECF 10. However, that text order did not appear on the Court's public docket until 8:17am. By that point, the Petitioner had filed the motion at ECF 9, which addresses to the Respondents' answer at ECF 7 . See ECF 9 at 9-11. The Petitioner therefore does not need to comply with the text order at ECF 10. So Ordered by Judge Michael E. Farbiarz on 7/10/26. (ro, ) (Entered: 07/10/2026)

#12

Jul 10, 2026

TEXT ORDER: The Court previously noted that the Petitioner appeared to be detained under Section 1226 because (i) a final order of removal became "administratively final," triggering the beginning of the removal period under 8 U.S.C. § 1231(a)(1)(B)(i), no later than October 6, 2025, and (ii) the Petitioner was not detained in the 90 days immediately after the order became "administratively final." See ECF 3. The Respondents, however, explain that the administrative process did not end in October 2025. See ECF 7 at 1. Instead, according to the Respondents, it only ended after the Ninth Circuit denied the Petitioner's petition for review and lifted a temporary stay of removal. See id. at 1-2. The Petitioner was detained within 90 days of that decision. See id. at 2. The Petitioner does not contest this timeline. See ECF 9 at 4. And, as the Petitioner acknowledges, "where an alien has filed a petition for review and received a judicial stay of removal, the removal period under § 1231(a) does not begin until the court of appeals denies the petition and withdraws the stay." See id. at 10; see also 8 U.S.C. § 1231(a)(1)(B)(ii). Because the Petitioner appears to have been detained in that removal period, it looks like his detention is in fact governed by Section 1231(a). If that is correct, it does not seem that the Petitioner is held "in custody in violation of the... laws... of the United States." 28 U.S.C. § 2241. The Court is therefore inclined to the dismiss the petition at ECF 1 . If a party has a different view, it should explain why in a brief letter, to be filed on or before July 15 at 5:00pm. If no persuasive letter is received, the petition will be promptly dismissed.. So Ordered by Judge Michael E. Farbiarz on 7/10/26. (ro, ) (Entered: 07/10/2026)

Jul 10, 2026

Text Order

#13

Jul 22, 2026

TEXT ORDER: The petition at ECF 1 is dismissed, the injunction at ECF 3 is lifted, and the Clerk of Court is directed to close this case. So Ordered by Judge Michael E. Farbiarz on 7/22/26. (ro, ) (Entered: 07/22/2026)

Jul 22, 2026

Order of Dismissal