District of New Jersey • 2:26-cv-09464

#1

Jul 28, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17720897.), filed by IVAN TYSHCHENKO. (Attachments: # 1 Exhibit A - ICE Portal Screenshot, # 2 Exhibit B - I-94, # 3 Exhibit C - Chester County Docket Summary, # 4 Exhibit D - ARD Documents, # 5 Civil Cover Sheet)(DEANE, CONOR) (Entered: 07/28/2026)

#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 7/28/26. (tjg, ) (Entered: 07/28/2026)

Jul 28, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 28, 2026

Case assigned to Judge Evelyn Padin. (tjg, )

Jul 28, 2026

Case Assigned/Reassigned

#3

Jul 29, 2026

TEXT ORDER: This matter comes before the Court upon Petitioner Ivan Tyshchenko's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241, D.E. 1 ("Petition"). Petitioner challenges his mandatory detention by immigration authorities under 8 U.S.C. § 1225(b) as unlawful and in violation of his liberty interest under the Due Process Clause of the Fifth Amendment. Petition at 5-15. In accordance with Rule 4 of the Rules Governing 2254 Cases ("Habeas Rule 4"), applicable to § 2241 cases through Rule 1(b), scope of the Rules, this Court has screened the Petition for dismissal and determined dismissal without a full answer is not warranted. Respondents shall file an expedited answer to the Petition within seven days. Petitioner may file a reply brief within three days of the filing date of the answer. So Ordered by Judge Evelyn Padin on 7/29/2026. (bt) (Entered: 07/29/2026)

Jul 29, 2026

Text Order

#4

Aug 05, 2026

NOTICE of Appearance by CHRISTOPHER JAMES STRATIGEAS on behalf of LUIS SOTO, JOHN TSOUKARIS (STRATIGEAS, CHRISTOPHER) (Entered: 08/05/2026)

#5

Aug 05, 2026

RESPONSE to Petition for Writ of Habeas Corpus by LUIS SOTO, JOHN TSOUKARIS. (Attachments: # 1 Exhibit A - 2026.08.04 Form I-213 Record of Deportable_Inadmissible Alien, # 2 Exhibit B - Form I-94 Public Record, # 3 Exhibit C - 2025.04.05 Criminal Complaint and Bills of Information, # 4 Exhibit D - 2025.11.18 ARD Order Agreement and Colloquy, # 5 Exhibit E - Public Docket CP-15-CR-0001141-2025, # 6 Exhibit F - 2026.07.20 Form I-200 Warrant for Arrest of Alien, # 7 Exhibit G - 2026.07.20 Form I-862 Notice to Appear)(STRATIGEAS, CHRISTOPHER)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. Counsel are further advised that service of sealed documents must be accomplished outside of ECF as provided by Federal R. Civ. Pro. 5(b)(2) only. (Entered: 08/05/2026)

#6

Aug 10, 2026

REPLY to Response re 5 Response to Habeas Petition,,,,. (DEANE, CONOR) (Entered: 08/10/2026)

#7

Aug 31, 2026

MOTION to Expedite Consideration of the Petition by IVAN TYSHCHENKO. (Attachments: # 1 Exhibit A - Screenshot of Immigration Proceedings Status, # 2 Proposed Order)(DEANE, CONOR) (Entered: 08/31/2026)

Sep 02, 2026

Set Deadlines as to 7 MOTION to Expedite Consideration of the Petition. Motion set for 10/5/2026 before Judge Evelyn Padin. 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. (lag, )

Sep 02, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#8

Sep 18, 2026

NOTICE of Voluntary Dismissal by IVAN TYSHCHENKO (Attachments: # 1 Exhibit Proof of Intent to Depart)(DEANE, CONOR) (Entered: 09/18/2026)

#9

Sep 18, 2026

TEXT ORDER: The Court has reviewed Petitioner Ivan Tyshchenko's Petition for Writ of Habeas Corpus, D.E. 1 ("Petition"); Respondents' Answer and exhibits, D.E. 5 ("Answer"); Petitioner's Reply, D.E. 6 ("Reply"); and Petitioner's Motion for Expedited Consideration, D.E. 7 ("Motion").Petitioner, a Ukrainian citizen, entered the United States on or before August 27, 2024 through a Ukrainian humanitarian-parole program. Petition 2-3, 31; D.E. [1-2] ("Form I-94"). His parole was authorized through August 26, 2026 while he pursued asylum. Id. Petitioner's parole was revoked, and he was detained on July 20, 2026 based on criminal charges for conspiracy to commit identity theft, conspiracy to commit retail theft, criminal use of a communication facility, and possession of an instrument of crime. Petition 5-11, 32-35; D.E. [1-3] ("Criminal Docket"). Petitioner requests immediate release and declarations that the termination of his humanitarian parole and resulting detention are unlawful. Petition at 15.Petitioner contends that neither 8 U.S.C. § 1225(b) nor the Laken Riley Act authorizes mandatory detention on these facts and that the Department of Homeland Security could not terminate his previously granted parole without individualized consideration and adequate process. See generally Petition. Respondents contend that Petitioner is lawfully detained without bond under the Laken Riley Act's amendment to 8 U.S.C. § 1226(c)(1)(E), rather than under § 1225(b). Answer at 1-4. The Motion states that Petitioner's individual merits hearing on his asylum claim was scheduled for September 14, 2026. Motion 5. The present record contains no later information concerning that proceeding.Accordingly, by September 24, 2026, the parties shall jointly advise the Court whether: (1) the September 14 hearing occurred and, if so, the Immigration Judge's ("IJ") ruling; (2) Petitioner remains detained and, if so, the statutory authority presently asserted for his detention; (3) Petitioner requested or received a Joseph hearing, see In re Joseph, 22 I. & N. Dec. 799, 805-07 (B.I.A. 1999); see also Gayle v. Warden Monmouth Cnty. Corr. Inst., 12 F.4th 321, 329-32 (3d Cir. 2021), or any other custody determination; and (4) whether Petitioner's Pennsylvania Accelerated Rehabilitative Disposition ("ARD") status or conditions have changed. The parties shall attach any order or custody decision issued by an IJ. So Ordered by Judge Evelyn Padin on 9/18/2026. (bt) (Entered: 09/18/2026)

#10

Sep 18, 2026

STIPULATION of Dismissal by LUIS SOTO, JOHN TSOUKARIS. (STRATIGEAS, CHRISTOPHER) (Entered: 09/18/2026)

Sep 18, 2026

Text Order

#11

Sep 21, 2026

Order of Dismissal