District of New Jersey • 1:26-cv-09398

OJO v. BENZEL

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Case Information

Filed: July 27, 2026
Assigned to: Karen M. Williams
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: September 14, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 27, 2026
First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17711640.), filed by PETER Omolaye OJO. (Attachments: # 1 Civil Cover Sheet)(MOSES, OLOLADE) (Entered: 07/27/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jul 27, 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 7/27/2026. (mfr) (Entered: 07/27/2026)
#3
Jul 27, 2026
TEXT ORDER - The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner, Peter Omolaye Ojo ("Petitioner") who is presently detained at the Elizabeth Contract Detention Center in Elizabeth, New Jersey. (ECF No. 1.) Petitioner alleges that he lawfully entered the United States on a B-2 visitor visa and, while in removal proceedings, departed and later returned pursuant to Department of Homeland Security ("DHS") authorized advance parole. He alleges that DHS has classified him as an arriving alien subject to mandatory detention, thereby depriving him of a meaningful custody hearing before an Immigration Judge. Petitioner further alleges that he has no criminal history, and has a pending self-petition under the Violence Against Women Act, for which United States Citizenship and Immigration Services has issued a prima facie determination. Petitioner contends that his continued detention violates the Immigration and Nationality Act and the Due Process Clause of the Fifth Amendment. (Id.) Accordingly, it is ORDERED that Respondents shall SHOW CAUSE, on or before August 3, 2026, why the Petition should not be granted. Petitioner may file a reply within three (3) business days after Respondents file their response. Petitioner shall serve a copy of the Petition and this Order upon Respondents within two (2) business days of the entry of this Order and shall promptly file proof of service on the docket. Petitioner shall not be removed from the District of New Jersey during the pendency of these proceedings. So Ordered by Judge Karen M. Williams on July 27, 2026. (Williams, Karen) (Entered: 07/27/2026)
#4
Jul 27, 2026
Exhibit to 1 Petition for Writ of Habeas Corpus by PETER OMOLAYE OJO. (MOSES, OLOLADE) (Entered: 07/27/2026)
Main Document: Exhibit (to Document)
Jul 27, 2026
Text Order
Jul 27, 2026
Case Assigned/Reassigned
Jul 27, 2026
Emergent Immigration Habeas Non-transfer Order
Jul 27, 2026
QC - Attorney Case Opening
Jul 27, 2026
CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Caption: Parties must be entered in all upper-case letters. Party Information: Parties must be entered as Petitioner and Respondent in this type of case. Addresses should not be added for non-pro se litigants. Do not select parties with address previously entered for non-pro se parties when opening a case in CM/ECF. . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (mfr)
Jul 27, 2026
Case Assigned to Judge Karen M. Williams. (mfr)
#5
Jul 28, 2026
CERTIFICATE OF SERVICE by JASON BENZEL, TODD BLANCHE, KRISTI NOEM re 1 Petition for Writ of Habeas Corpus (MOSES, OLOLADE) (Entered: 07/28/2026)
Main Document: Certificate of Service
#6
Jul 31, 2026
NOTICE of Appearance by BRIDGET ELLEN ZARRILLO on behalf of JASON BENZEL, TODD BLANCHE, KRISTI NOEM, DAVID J. VENTURELLA, ARTHUR J WILSON, JR (ZARRILLO, BRIDGET) (Entered: 07/31/2026)
Main Document: Notice of Appearance
#7
Aug 03, 2026
RESPONSE to Petition for Writ of Habeas Corpus by JASON BENZEL, TODD BLANCHE, KRISTI NOEM, DAVID J. VENTURELLA, ARTHUR J WILSON, JR. (Attachments: # 1 Exhibit EX 1- 2026 I-213, # 2 Exhibit EX 2- Notice to Appear, # 3 Exhibit EX 3- I-130 Denial, # 4 Exhibit EX 4- I-485 Denial, # 5 Exhibit EX 5- 2025 I-213, # 6 Exhibit EX 6- Notice of Parole)(ZARRILLO, BRIDGET) (Entered: 08/03/2026)
Main Document: Response to Habeas Petition
#8
Aug 04, 2026
OBJECTIONS to Answer to Writ by PETER OMOLAYE OJO. (MOSES, OLOLADE) (Entered: 08/04/2026)
Main Document: Objections to Answer to Writ
#9
Aug 14, 2026
First MOTION to Expedite by PETER OMOLAYE OJO. (Attachments: # 1 court date)(MOSES, OLOLADE) (Entered: 08/14/2026)
Main Document: Expedite
Aug 14, 2026
Set/Reset Motion and R&R Deadlines/Hearings
Aug 14, 2026
Set Deadlines as to 9 First MOTION to Expedite . Motion set for 9/8/2026 before Judge Karen M. Williams. 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. (dnw)
#10
Aug 21, 2026
TEXT ORDER - The Court has reviewed Respondents' Expedited Answer (ECF No. 7) and Petitioner's Letter (ECF No. 8), and finds that the present record does not adequately establish the statutory basis for Petitioner's continued detention. Although Respondents contend that Petitioner is subject to mandatory detention pursuant to 8 U.S.C. § 1225(b)(2) because he was apprehended while seeking admission at a port of entry, the Answer does not sufficiently explain the factual or legal basis for that conclusion, including the circumstances of Petitioner's departure from the United States and his subsequent attempted reentry. Accordingly, Respondents shall, within seven (7) days of the entry of this Order, file a supplemental submission providing any documentation necessary to support their position, including: (1) the date and circumstances of Petitioner's departure from the United States; (2) the circumstances of his attempted reentry on July 21, 2026; (3) the current status and procedural posture of Petitioner's VAWA petition; (4) whether the pending VAWA petition, or any protection, exception, waiver, or other immigration benefit associated with that petition, bears upon any ground of inadmissibility relied upon by Respondents; and (5) whether and why the pending VAWA petition has any effect on the statutory authority for, or mandatory nature of, Petitioner's detention under § 1225(b)(2). Respondents shall also inform the Court of the current procedural posture of Petitioner's removal proceedings. Petitioner may file a reply within three (3) days after service of Respondents' supplemental submission. So Ordered by Judge Karen M. Williams on August 21, 2026. (Williams, Karen) (Entered: 08/21/2026)
Aug 21, 2026
Text Order
#11
Aug 28, 2026
Letter from Respondents regarding supplemental briefing. (Attachments: # 1 Exhibit EX 1- CBP Records)(ZARRILLO, BRIDGET) (Entered: 08/28/2026)
Main Document: Letter
#12
Aug 29, 2026
REPLY to Response re 7 Response to Habeas Petition,. (MOSES, OLOLADE) (Entered: 08/29/2026)
Main Document: Reply to Response (NOT Motion)
#13
Aug 31, 2026
RESPONSE. (MOSES, OLOLADE) (Entered: 08/31/2026)
Main Document: Response (NOT Motion)
#14
Sep 14, 2026
Letter
Main Document: Letter

Parties

BENZEL
Party
OJO
Party