District of New Jersey • 2:26-cv-08321

KUMAR v. ICE

Completed

Case Information

Filed: July 07, 2026
Assigned to: Evelyn Padin
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: July 14, 2026
Last Activity: August 20, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 07, 2026
PETITION for Writ of Habeas Corpus, filed by TANUJ KUMAR. (Attachments: # 1 Envelope)(wh) (Entered: 07/07/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 07, 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 7/7/2026. N/M(wh) (Entered: 07/07/2026)
#3
Jul 07, 2026
NOTICE of Appearance by JACOB HERIC on behalf of JASON BENZEL, DHS, ICE (HERIC, JACOB) (Entered: 07/07/2026)
Main Document: Notice of Appearance
#4
Jul 07, 2026
Letter from Respondents Regarding Petitioner's Location. (HERIC, JACOB) (Entered: 07/07/2026)
Main Document: Letter
Jul 07, 2026
Emergent Immigration Habeas Non-transfer Order
#5
Jul 13, 2026
Letter from Respondents with Update to ECF No. 4. (Attachments: # 1 Exhibit A - VD Order, # 2 Exhibit B - Encounter Detail, Departure Record, # 3 Certificate of Service)(HERIC, JACOB) (Entered: 07/13/2026)
Main Document: Letter
#6
Jul 14, 2026
TEXT ORDER: The Court has reviewed Respondents' latest submission, which establishes that Petitioner Tanuj Kumar departed the United States for India on July 1, 2026, on a flight from Newark Liberty International Airport. D.Es. 5; 5-2. Kumar filed his Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 on July 7, 2026. D.E. 1 ("Petition"). Under § 2241(c), habeas corpus relief "shall not extend to a prisoner unless" he is "in custody." "What matters for this requirement is whether the petitioner was in custody when the habeas petition was filed." Vasquez v. Aviles, 639 F. App'x 898, 901 (3d Cir. 2016) (quoting Kumarasamy v. Att'y Gen. of U.S., 453 F.3d 169, 173 n.7 (3d Cir. 2006)). Thus, although a petitioner's subsequent release or removal does not ordinarily divest a court of jurisdiction that existed when the petition was filed, id., Kumar had already departed the United States when he commenced this action. Because Kumar was not "in custody" when he filed the Petition, the Court lacks jurisdiction under § 2241. Accordingly, the Petition, D.E. 1, is DISMISSED. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Evelyn Padin on 7/14/2026. (bt) (Entered: 07/14/2026)
Jul 14, 2026
Text Order
Jul 14, 2026
Terminate Civil Case
Jul 14, 2026
***Civil Case Terminated. (wh)
Jul 22, 2026
Filing fee: $ 5, receipt number NEW54644 (vm)
Jul 28, 2026
Filing Fee Received
#7
Aug 20, 2026
Mail Returned as Undeliverable. Mail sent to TANUJ KUMAR (mj) (Entered: 08/20/2026)
Main Document: Mail Returned