District of New Jersey • 2:26-cv-09434

#1

Jul 27, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17717960.), filed by ABHIMANYU ROY. (Attachments: # 1 Civil Cover Sheet, # 2 Text of Proposed Order, # 3 Text of Proposed Order, # 4 Text of Proposed Order, # 5 Certificate of Service, # 6 Exhibit)(KHALID, RIZWAN) (Entered: 07/27/2026)

#2

Jul 28, 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 7/28/2026. (jr) (Entered: 07/28/2026)

#3

Jul 28, 2026

TEXT ORDER: Petitioner Abhimanyu Roy is a citizen of India who entered the United States on an F-1 student visa and later applied for asylum. (ECF No. 1, Petition at 8.) Petitioner was arrested by Immigration and Customs Enforcement ("ICE") after attending his scheduled asylum interview on July 22, 2026. (Id. at 8-9.) He contends that he is unlawfully detained in Delaney Hall Detention Facility under 8 U.S.C. § 1225(b) and is entitled to release. (Id. at 4-12.) In Rivera Zumba v. Bondi, Civ. No. 25-cv-14626, 2025 WL 2753496, at *7-9 (D.N.J. Sept. 26, 2025), this Court held that the plain language of 8 U.S.C. § 1225(b)(2)(A) does not govern the detention of a noncitizen who enters the United States without inspection and is later arrested within the interior of the United States; see also Guzman v. Bondi, 26-1250 (KSH), 2026 WL 1534682, at *5 (D.N.J., 2026) (Jun. 1, 2026) (rejecting respondents' argument that noncitizen who was paroled at the border under 8 U.S.C. § 1182(d)(5)(A) reverts to his prior detention status following a period of parole). Based on the allegations in the Petition and this Court's prior decisions, the Court conditionally,GRANTS the Petition. The Court will not convert Petitioner's detention to a potentially lawful alternate form under a different statute with different procedural requirements and rules. See Guzman, 2026 WL 1534682, at *5. It is ORDERED that Respondents shall release Petitioner within 48 hours of this order and confirm his release in writing on the docket within three (3) days. ALTERNATIVELY, if Respondents contend that Petitioner's case is factually or legally distinguishable, they shall file an expedited answer within 48 hours of this order, and Petitioner may file a reply within three (3) days of the filing of the expedited answer. The Court's Text Order (ECF No. 2) that temporarily enjoins Respondents from transferring Petitioner from this District REMAINS IN EFFECT until Petitioner is released or the proceedings conclude. So Ordered by Judge Katharine S. Hayden on 7/28/26. (cm, ) (Entered: 07/28/2026)

Jul 28, 2026

Case Assigned/Reassigned

Jul 28, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 28, 2026

Case assigned to Judge Katharine S. Hayden. (jr)

Jul 28, 2026

Order

#4

Jul 30, 2026

Notice of Appearance

#5

Jul 30, 2026

Letter

#6

Aug 02, 2026

Letter