District of New Jersey • 2:26-cv-10509

DAVLIATSHOEV v. SOTO

Active

Case Information

Filed: August 18, 2026
Assigned to: Jamel K. Semper
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: September 22, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 18, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17819317.), filed by RASULDZHON DAVLIATSHOEV. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Ice Locator, # 3 Exhibit EOIR, # 4 Exhibit Assault Complaint)(CARDENAS, VERONICA) (Entered: 08/18/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 18, 2026
TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Judge Jamel K. Semper on 8/18/2026. (jr) (Entered: 08/18/2026)
#3
Aug 18, 2026
Exhibit to 1 Petition for Writ of Habeas Corpus, by RASULDZHON DAVLIATSHOEV. (CARDENAS, VERONICA) (Entered: 08/18/2026)
Main Document: Exhibit (to Document)
#4
Aug 18, 2026
ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Jamel K. Semper on 8/18/26. (tjg, ) (Entered: 08/18/2026)
Main Document: Emergent Immigration Habeas Non-transfer Order
Aug 18, 2026
QC - Document Not Signed by Attorney
Aug 18, 2026
Emergent Immigration Habeas Non-transfer Order
Aug 18, 2026
CLERK'S QUALITY CONTROL MESSAGE - The Petition for Writ of Habeas Corpus 1 submitted by Veronica Cardenas on 8/18/2026 did not contain a signature. PLEASE SUBMIT A SIGNED COPY OF PAGE 13 WITH A PROPER SIGNATURE USING EXHIBIT (TO DOCUMENT) UNDER OTHER DOCUMENTS. This submission will remain on the docket unless otherwise ordered by the court. (jr)
Aug 18, 2026
Case assigned to Judge Jamel K. Semper. (jr)
Aug 18, 2026
CLERK'S QUALITY CONTROL MESSAGE - Please note the 2 Text Order signed by Judge Jamel K. Semper on 8/18/2026 was docketed in error. Please disregard. (fbm)
Aug 18, 2026
QC - Incorrect Entry made by Clerk's Office Staff
Aug 18, 2026
Case Assigned/Reassigned
#5
Aug 21, 2026
Notice of Appearance
Main Document: Notice of Appearance
#6
Aug 21, 2026
Letter
Main Document: Letter
#7
Sep 09, 2026
Letter
Main Document: Letter
#8
Sep 09, 2026
Exhibit (to Document)
Main Document: Exhibit (to Document)
Sep 11, 2026
Order to Answer
#10
Sep 14, 2026
Leave to File Document
Main Document: Leave to File Document
Sep 16, 2026
Set/Reset Motion and R&R Deadlines/Hearings
#11
Sep 18, 2026
Letter
Main Document: Letter
#12
Sep 21, 2026
LETTER ORDER granting the 10 Motion for Leave to File Response to ECF No. 9, nunc pro tunc 9/18/2026. Signed by Judge Jamel K. Semper on 9/21/2026. (sms2) (Entered: 09/21/2026)
Main Document: Order on Motion for Leave to File
Sep 22, 2026
Order of Dismissal
Sep 22, 2026
TEXT ORDER: The Court has reviewed the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (ECF No. 1), Petitioner's subsequent submissions (ECF Nos. 7-8), Respondents' supplemental response (ECF No. 11), and the exhibits thereto. For the reasons that follow, the Petition is DENIED. First, Respondents concede that Petitioner's timely appeal to the Board of Immigration Appeals remains pending and, therefore, that Petitioner does not presently have an administratively final order of removal. Respondents nevertheless represent that Petitioner is detained pursuant to 8 U.S.C. § 1226(a) and that, on June 25, 2026, an Immigration Judge conducted an individualized bond hearing and determined that Petitioner had not met his burden to establish that he was not a danger to the community or a flight risk. (See ECF No. 11, Ex. A.) The record before the Court does not establish a basis for disturbing that determination or requiring a new bond hearing at this time. To the extent Petitioner contends that circumstances have materially changed since his June 25, 2026 bond hearing, he may seek a subsequent custody redetermination before the Immigration Court pursuant to 8 C.F.R. § 1003.19(e). Second, to the extent Petitioner challenges the conditions of his confinement or the adequacy of the medical care he has received, those claims do not establish a basis for habeas relief in this action. The record reflects that Petitioner received medical attention following his August 17, 2026 medical emergency (ECF No. 8 at 33), and Respondents represent that he has continued to receive medical care thereafter (ECF No. 11). To the extent Petitioner contends that Respondents have violated his constitutional rights through inadequate medical care or otherwise unlawful conditions of confinement, he may pursue such claims, if appropriate, in a separate civil-rights action. Accordingly, the Petition is DENIED. The Court's August 18, 2026 Order enjoining Respondents from transferring Petitioner from New Jersey (ECF No. 4) is VACATED. The Clerk of Court shall CLOSE this matter. So Ordered by Judge Jamel K. Semper on 9/22/2026. (sms)

Parties

DAVLIATSHOEV
Party
SOTO
Party