Completed
Case Information
Filed: August 19, 2026
Assigned to:
Brian R. Martinotti
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Completed: August 26, 2026
Last Activity:
September 01, 2026
Parties:
View All Parties →
Docket Entries
#1
Aug 19, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17827942.), filed by Alperen Er. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(KARADAG, NERMIN) (Entered: 08/19/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 19, 2026
ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Brian R. Martinotti on 8/19/2026. (ijf) (Entered: 08/19/2026)
Main Document:
Emergent Immigration Habeas Non-transfer Order
#3
Aug 19, 2026
Exhibit to 1 Petition for Writ of Habeas Corpus, by ALPEREN ER. (KARADAG, NERMIN) (Entered: 08/19/2026)
Main Document:
Exhibit (to Document)
Aug 19, 2026
Judge Brian R. Martinotti added. (ijf)
Aug 19, 2026
QC - Attorney Case Opening
Aug 19, 2026
CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information - Change role as appropriate (e.g. defendant to respondent). The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ijf)
Aug 19, 2026
Add and Terminate Judges
#4
Aug 25, 2026
NOTICE of Appearance by NITIN ARADHYA on behalf of LUIS SOTO (ARADHYA, NITIN) (Entered: 08/25/2026)
Main Document:
Notice of Appearance
#5
Aug 25, 2026
Letter. (Attachments: # 1 Exhibit Criminal History Reports)(ARADHYA, NITIN) (Entered: 08/25/2026)
Main Document:
Letter
#6
Aug 26, 2026
MOTION to Enforce Judgment by ALPEREN ER. (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Certificate of Service)(KARADAG, NERMIN) (Entered: 08/26/2026)
Main Document:
Enforce Judgment
#7
Aug 26, 2026
TEXT ORDER: Before the Court is Respondents' expedited answer, arguing that Petitioner is detained under 8 U.S.C. 1225(b)(1) and informing the Court of Petitioner's criminal history. (See ECF No. 5.) Respondents submit that in 2024, 2025, and 2026 Petitioner was charged with careless driving, delaying traffic and obstruction of windshield. (Id.) Based on this Court's statutory interpretation in Suazo Rivera v. Blanche, No. 26-3892 (BRM) (D.N.J. April 29, 2026) and in Sandhu v. Tsoukaris, No. 25-14607 (BRM) (D.N.J. November 20, 2025), the Court finds the facts asserted in the Petition establish that Petitioner cannot be mandatorily detained under § 1225(b)(1) or (b)(2) as he was detained in the interior of the country several years after his arrival. Although Respondents may have been able to lawfully detain Petitioner under different statute, they instead detained him under § 1225(b). Accordingly, it is ORDERED that, subject to the following, Petitioner's Petition (ECF No. 1) is GRANTED and Respondents shall treat Petitioner as detained under 28 U.S.C. § 1226(a). It is further ORDERED that, as soon as practicable but no later than 7 days from the date of this Order, Respondents shall provide Petitioner with an individualized bond hearing in accordance with 8 U.S.C. § 1226(a) before an immigration judge who shall assess whether he presents a flight risk or a danger to the community. It is further ORDERED that within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that proceeding with the Court. It is finally ORDERED that the Clerk of the Court shall CLOSE this matter. So Ordered by Judge Brian R. Martinotti on 08/26/2026. (lr, ) (Entered: 08/26/2026)
Aug 26, 2026
Terminate Civil Case
Aug 26, 2026
Text Order
Aug 26, 2026
***Civil Case Terminated. (wh)
#8
Sep 01, 2026
Letter. (Attachments: # 1 Exhibit IJ Order)(ARADHYA, NITIN) (Entered: 09/01/2026)
Main Document:
Letter
Parties
ER
Party
SOTO
Party