District of New Jersey • 2:26-cv-12204

#1

Sep 15, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17943890.), filed by TAMAS PATKO. (Attachments: # 1 Exhibit ICE Detainee Locator, # 2 Civil Cover Sheet)(ERSOY, CAGATAY) (Entered: 09/15/2026)

#2

Sep 15, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Claire C. Cecchi on 9/15/2026. (jml, ) (Entered: 09/15/2026)

Sep 15, 2026

Judge Claire C. Cecchi added. (jml, )

Sep 15, 2026

Add and Terminate Judges

#3

Sep 16, 2026

NOTICE of Appearance by BRIDGET ELLEN ZARRILLO on behalf of MARKWAYNE MULLIN, LUIS SOTO (ZARRILLO, BRIDGET) (Entered: 09/16/2026)

#4

Sep 16, 2026

RESPONSE to Petition for Writ of Habeas Corpus by MARKWAYNE MULLIN, LUIS SOTO. (Attachments: # 1 Exhibit Ex 1 I-213, # 2 Exhibit Ex 2 Notice of Intent to Issue a Final Administrative Removal Order, # 3 Exhibit Ex 3 Final Administrative Order, # 4 Exhibit Ex 4 Notice to Alien Ordered Removed/Departure Verification)(ZARRILLO, BRIDGET) (Entered: 09/16/2026)

#5

Oct 05, 2026

Letter from Respondents with update and request to lift transfer injunction. (Attachments: # 1 Declaration Declaration of SDDO Maurice E Williams)(ZARRILLO, BRIDGET) (Entered: 10/05/2026)

#6

Oct 09, 2026

TEXT ORDER - The Court is in receipt of Respondents' letter, which provides two statutory bases for Petitioner's detention. ECF No. 4 at 1 (citing 8 U.S.C. § 1187(c)(2)(e) and 8 U.S.C. § 1231(a)(2)(A)). Petitioner shall file a reply to Respondents' letter by October 19, 2026. The Court's previous injunction against Petitioner's transfer, ECF No. 2, remains in effect until further Order of the Court. So Ordered by Judge Claire C. Cecchi on 10/9/2026. (jl, ) (Entered: 10/09/2026)

Oct 09, 2026

Text Order

#7

Oct 19, 2026

Letter from Petitioner Requesting Immediate Release. (Attachments: # 1 Exhibit Filed I-589 with the Immigration Court, first page, # 2 Exhibit Case Info)(ERSOY, CAGATAY) (Entered: 10/19/2026)

#8

Oct 20, 2026

TEXT ORDER - On September 16, 2026, Respondents filed a letter that identified two statutory bases for Petitioner's detention: 8 U.S.C. § 1187(c)(2)(E) and 8 U.S.C. § 1231(a)(2)(A). ECF No. 4 at 1. Per the Court's October 9, 2026, Order, ECF No. 6, Petitioner filed a letter responding to Respondents' letter, ECF No. 7. After considering the parties' submissions, the Court will grant Petitioner's petition, because neither statutory basis identified in ECF No. 4 justifies Petitioner's detention. Concerning § 1187(c)(2)(E), the facts of this case are materially similar to those in De Villegas Carrasco v. Wilson, where the Court found that § 1187(c)(2)(E) could not justify the detention of a person who had overstayed under the Visa Waiver Program. See No. 26-8685, 2026 WL 2754375, at *2 (D.N.J. Sept. 17, 2026) (collecting cases). And concerning § 1231(a)(2)(A), the facts of this case are materially similar to those in Talv v. Soto, where the Court found that 8 U.S.C. § 1231(a)(2)(A) could not justify the petitioner's detention. No. 26-9447, 2026 WL 2607317, *3 (D.N.J. Sept. 3, 2026). In Talv, respondents argued that § 1231(a)(2) justified the petitioner's detention because DHS had issued a final administrative order of removal ("FARO"). 2026 WL 2607317, *3. The Court found that the FARO was not "an administratively final order of removal for purposes of § 1231(a)(1)(B)(i)," because the petitioner had an "unresolved asylum claim." Id. The same is true here. Notwithstanding the FARO issued against Petitioner, ECF No. 4-3, Petitioner's "asylum... proceedings remain pending," ECF No. 7 at 2, so § 1231(a)(2)(A) cannot justify his detention, Talv, 2026 WL 2607317, at *3. Accordingly, Petitioner's petition for a writ of habeas corpus (ECF No. 1) is GRANTED. Respondents shall RELEASE Petitioner from custody within twenty-four (24) hours of entry of this Order and Respondents shall file a status letter within forty-eight (48) hours of Petitioner's release. So Ordered by Judge Claire C. Cecchi on 10/20/2026. (jl, ) (Entered: 10/20/2026)

Oct 20, 2026

Text Order

#9

Oct 22, 2026

Letter from Respondents regarding Petitioner's release from custody. (ZARRILLO, BRIDGET) (Entered: 10/22/2026)

#10

Oct 22, 2026

LETTER ORDER that in light of Petitioner's release, the Clerk's Office shall close this matter. Signed by Judge Claire C. Cecchi on 10/22/2026. (kht) (Entered: 10/22/2026)