District of New Jersey • 1:26-cv-12778

#1

Sep 22, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-33480719) Request for emergency relief to be separately filed..Document filed by Hajie Jaiteh. (Attachments: # 1 Civil Cover Sheet, # 2 Notice of Motion, # 3 Motion for Order to Show Cause).(Heinrich, Andrew) (Main Document 1 replaced on 9/29/2026) (dnw, ). (Attachment 2 replaced on 9/29/2026) (dnw, ). (Attachment 3 replaced on 9/29/2026) (dnw, ). (Entered: 09/22/2026)

#2

Sep 22, 2026

EMERGENCY MOTION for Temporary Restraining Order . Document filed by Hajie Jaiteh..(Heinrich, Andrew) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Main Document 2 replaced on 9/29/2026) (dnw, ). (Entered: 09/22/2026)

#3

Sep 22, 2026

ORDER To preserve the Courts jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the United States absent further order of this Court. Moreover, in light of Petitioners interests in participating in further proceedings before this Court and to facilitate resolution of the Petition, Respondents shall not transfer Petitioner except to a facility within this District, the Eastern District of New York, or the District of New Jersey absent further order of this Court. (Signed by Judge Lewis J. Liman on 09/22/2026) (kar) Transmission to Office of the Clerk of Court for processing. (Entered: 09/22/2026)

#4

Sep 22, 2026

ORDER To preserve the Courts jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the United States absent further order of this Court. Moreover, in light of Petitioner's interests in participating in further proceedings before this Court and to facilitate resolution of the Petition, Respondents shall not transfer Petitioner except to a facility within this District, the Eastern District of New York, or the District of New Jersey absent further order of this Court. (Signed by Judge Lewis J. Liman on 09/22/2026) (kar) Transmission to Office of the Clerk of Court for processing. (Entered: 09/22/2026)

#5

Sep 23, 2026

ORDER: Having received Haije Jaiteh's September 22, 2026 emergency petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 ("Petition"), it is hereby ORDERED that counsel for all parties shall appear for a conference at 11:00 a.m. on September 25, 2026 in Courtroom 18B, United States Courthouse, 500 Pearl Street, New York, New York. (Status Conference set for 9/25/2026 at 11:00 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 9/23/2026) (jwh) (Entered: 09/23/2026)

#6

Sep 23, 2026

LETTER addressed to Judge Denise L. Cote from Brandon M. Waterman dated September 23, 2026 re: Notification of violation of the transfer injunction. Document filed by Acting Field Office Director of New York ICE Enforcement and Removal Operations, Todd Blanche, Department of Homeland Security (DHS), Executive Office for Immigration Review (EOIR), Markwayne Mullin, Officer-in-Charge / Supervisory Detention & Deportation Officer, David J. Venturella..(Waterman, Brandon) (Entered: 09/23/2026)

Sep 23, 2026

Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c), Fed. R. Civ. P. 73(b)(1), and Local Civil Rule 73.1, parties are notified that they may, with the approval of the assigned District Judge, consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

Sep 23, 2026

***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Andrew Carl Heinrich. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)

Sep 23, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew Carl Heinrich. The party information for the following party/parties has been modified: David J. Venturella; MARKWAYNE MULLIN; TODD BLANCHE. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (jgo)

Sep 23, 2026

Case Designated ECF. (jgo)

Sep 23, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)

#7

Sep 24, 2026

NOTICE OF APPEARANCE by Olivia Natale on behalf of Hajie Jaiteh..(Natale, Olivia) (Entered: 09/24/2026)

#8

Sep 24, 2026

LETTER addressed to Judge Denise L. Cote from Olivia Natale dated September 24, 2026 re: Respondents' 09/23/2026 Letter. Document filed by Hajie Jaiteh. (Attachments: # 1 Affidavit Declaration of B. Thorne).(Natale, Olivia) (Entered: 09/24/2026)

#9

Sep 24, 2026

NOTICE OF APPEARANCE by Adam M. Gitlin on behalf of Acting Field Office Director of New York ICE Enforcement and Removal Operations, Todd Blanche, Department of Homeland Security (DHS), Executive Office for Immigration Review (EOIR), Markwayne Mullin, Officer-in-Charge / Supervisory Detention & Deportation Officer, David J. Venturella..(Gitlin, Adam) (Entered: 09/24/2026)

#10

Sep 25, 2026

ORDER: Accordingly, it is hereby ORDERED that the petitioner's brief establishing habeas jurisdiction in this Court shall be served by September 28, 2026. The respondents' opposition shall be served by October 1, 2026, at 10:00 a.m. The petitioner's reply, if any, shall be served by October 2, 2026, at 10:00 a.m. At the time that each brief is filed, the filing party shall supply Chambers with two (2) courtesy copies of their briefs on the date they are filed by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that counsel for all parties shall appear for a conference on October 2, 2026, at 4:00 p.m. in Courtroom 18B, United States Courthouse, 500 Pearl Street, New York, New York. Status Conference set for 10/2/2026 at 04:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 9/25/2026) (vfr) (Entered: 09/25/2026)

Sep 25, 2026

Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 9/25/2026. (Court Reporter Carly Davis) (jwh)

#11

Sep 28, 2026

LETTER addressed to Judge Denise L. Cote from Olivia Natale dated September 28, 2026 re: Proposed Order of Transfer. Document filed by Hajie Jaiteh. (Attachments: # 1 Proposed Order Proposed Order of Transfer).(Natale, Olivia) (Entered: 09/28/2026)

#12

Sep 28, 2026

STIPULATION AND ORDER OF TRANSFER OF VENUE: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that this action shall be and hereby is transferred to the U.S. District Court for the District of New Jersey, and that the seven-day waiting period in Local Civil Rule 83.1 is waived. SO ORDERED. (Signed by Judge Denise L. Cote on 9/28/2026) (vfr) (Entered: 09/28/2026)

Sep 28, 2026

CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey.(vfr)

Sep 28, 2026

Case Transferred Out - District Court Transfer

#13

Sep 29, 2026

Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:26-cv-08263. Original file certified copy of transfer order and docket sheet received. (Entered: 09/29/2026)

#14

Sep 29, 2026

Clerk's Letter: Andrew Heinrich is not admitted to the Federal Bar of New Jersey. Notice has been mailed to 1560 Broadway, Suite 805, New York, NY 10036. (jjc, ) (Entered: 09/29/2026)

#15

Sep 29, 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 9/29/2026. (jjc, ) (Entered: 09/29/2026)

Sep 29, 2026

Judge Karen M. Williams added. (jjc, )

Sep 29, 2026

Add and Terminate Judges

Sep 29, 2026

Emergent Immigration Habeas Non-transfer Order

#16

Sep 30, 2026

NOTICE of Appearance by YSABEL WILLIAMS on behalf of Hajie Jaiteh (WILLIAMS, YSABEL) (Entered: 09/30/2026)

#17

Sep 30, 2026

AMENDED COMPLAINT Petition for Writ of Habeas Corpus against Hajie Jaiteh, filed by Hajie Jaiteh.(WILLIAMS, YSABEL) (Entered: 09/30/2026)

#18

Sep 30, 2026

First MOTION for Order to Show Cause by Hajie Jaiteh. (Attachments: # 1 Text of Proposed Order Proposed Order Motion OSC)(WILLIAMS, YSABEL) (Entered: 09/30/2026)

#19

Sep 30, 2026

First MOTION for Leave to Appear Pro Hac Vice Olivia Natale, Esq. by Hajie Jaiteh. (Attachments: # 1 Certification)(WILLIAMS, YSABEL) (Entered: 09/30/2026)

#20

Sep 30, 2026

TEXT ORDER - The Court has reviewed the Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 filed by Petitioner, Hajie Jaiteh ("Petitioner") who is detained by U.S. Immigration and Customs Enforcement ("ICE") at Delaney Hall Detention Facility in Newark, New Jersey. (ECF No. 1.) According to the Petition, Petitioner is a native and citizen of Gambia who has resided in the United States since approximately January 1998. Petitioner alleges he entered on a B-1 visa and was later placed in removal proceedings. In October 2008, the Immigration Court denied asylum but granted withholding of removal to Gambia. Petitioner further alleges that his subsequent motion to reopen was denied in May 2021, and he appealed to the BIA. In September 2025, USCIS approved an I-130 petition filed by Petitioner's United States-citizen daughter on his behalf. Petitioner, who alleges that he has no criminal record and has never left the United States, was detained approximately twenty-eight years after his entry and nearly eighteen years after being granted withholding of removal. He alleges that he was given no reason for his detention and was not afforded a pre-deprivation hearing. Petition contends his continued detention violates the Due Process Clause of the Fifth Amendment, the Immigration and Nationality Act. (Id.) Pursuant to the Third Circuit's decision in Buele Morocho v. Warden Philadelphia FDC, No. 26-1150, 2026 WL 2546223 (3d Cir. Aug. 28, 2026), § 1225(b)(2)(A) does not authorize Petitioner's mandatory detention. Accordingly, it is ORDERED that unless Respondents identify: (a) an independent and presently applicable statutory basis for Petitioner's detention that is not inconsistent with this Order, or (b) any criminal history associated with Petitioner, Respondents shall RELEASE Petitioner from immigration custody no later than 24 hours after entry of this Order. Within three (3) days after entry of this Order, Respondents shall file either: (a) a letter certifying Petitioner's release pursuant to this Order; or (b) a letter, not to exceed two pages, identifying the statutory provision under which Petitioner is detained, the factual basis for its application, and Petitioner's criminal history, if any is alleged. Petitioner may reply within three (3) business days thereafter. So Ordered by Judge Karen M. Williams on September 30, 2026. (Williams, Karen) (Entered: 09/30/2026)

Sep 30, 2026

Text Order

#21

Oct 01, 2026

NOTICE of Appearance by BRIDGET ELLEN ZARRILLO on behalf of ACTING WARDEN, TODD BLANCHE, DEPARTMENT OF HOMELAND SECURITY (DHS), Executive Office for Immigration Review (EOIR), MARKWAYNE MULLIN, OFFICER IN CHARGE, David J Venturella (ZARRILLO, BRIDGET) (Entered: 10/01/2026)

#22

Oct 01, 2026

Letter from Ysabel Williams, Esq. re 20 Text Order,,,,,,,,,. (WILLIAMS, YSABEL) (Entered: 10/01/2026)

#23

Oct 05, 2026

ANSWER to Amended Complaint by ACTING WARDEN, TODD BLANCHE, DEPARTMENT OF HOMELAND SECURITY (DHS), Executive Office for Immigration Review (EOIR), MARKWAYNE MULLIN, OFFICER IN CHARGE, David J Venturella. (Attachments: # 1 Exhibit Ex 1 I-213 Form, # 2 Exhibit Ex 2 Removal Order, # 3 Exhibit Ex 3 IJ Order re: Motion to Reopen, # 4 Exhibit Ex 4 BIA Decision)(ZARRILLO, BRIDGET) (Entered: 10/05/2026)

#24

Oct 05, 2026

Second MOTION for Leave to Appear Pro Hac Vice by Hajie Jaiteh. (WILLIAMS, YSABEL) (Entered: 10/05/2026)

#25

Oct 05, 2026

TEXT ORDER TEXT ORDER Within ten (10) days of the date of this Text Order, the party filing its pro hac vice motion shall file an amended certified statement of the applicant(s) as set forth in L. Civ. R. 101.1(c)(1). So Ordered by Judge Karen M. Williams on 10/5/26. (nar) (Entered: 10/05/2026)

#26

Oct 05, 2026

Third MOTION for Leave to Appear Pro Hac Vice by Hajie Jaiteh. (Attachments: # 1 Declaration PHV Declaration)(WILLIAMS, YSABEL) (Entered: 10/05/2026)

Oct 05, 2026

Order

Oct 06, 2026

QC - Electronic Signature Does Not Match E-filer

Oct 06, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#27

Oct 07, 2026

Letter

#28

Oct 09, 2026

Appear Pro Hac Vice

Oct 09, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#29

Oct 20, 2026

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

#30

Oct 22, 2026

Appear Pro Hac Vice

#31

Oct 22, 2026

Exhibit (to Document)

Oct 22, 2026

QC - Motion - Missing Supporting Document

Oct 22, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#32

Oct 23, 2026

TEXT ORDER - The Court has reviewed Respondents' Answer (ECF No. 23) and Petitioner's Reply (ECF No. 27). Respondents assert that Petitioner is detained pursuant to 8 U.S.C. § 1231(a) based on a final order of removal entered in 2008. The record raises questions concerning whether Petitioner's removal is significantly likely in the reasonably foreseeable future. See Zadvydas v. Davis, 533 U.S. 678, 699-701 (2001). In particular, the materials submitted reflect that Petitioner's removal proceedings may have resulted in a grant of withholding of removal to Gambia. The Court does not review the validity of the underlying removal order or adjudicate the merits of the withholding determination. Rather, the procedural history is relevant to whether continued detention is authorized under § 1231 and consistent with Zadvydas. Accordingly, within seven (7) days of the date of this Order, Respondents shall file a letter addressing: (1) the status and effect of the appellate disposition concerning withholding of removal, including whether Petitioner may lawfully be removed to Gambia or another identified country; and (2) whether it is Respondents' position that Petitioner's removal is significantly likely in the reasonably foreseeable future, including the status of travel-document requests, communications with any proposed destination country, and any removal arrangements. Petitioner may file a reply, within two (2) business days after Respondents file their letter. The Court will determine the legality of Petitioner's continued detention upon review of the supplemental submissions. The Court's September 30, 2026 Order remains in effect pending further Order of the Court. So Ordered by Judge Karen M. Williams on October 23, 2026. (Williams, Karen) (Entered: 10/23/2026)

Oct 23, 2026

Text Order

#33

Oct 27, 2026

Appear Pro Hac Vice

Oct 27, 2026

Set/Reset Motion and R&R Deadlines/Hearings

#34

Oct 28, 2026

Order on Motion for Leave to Appear Pro Hac Vice

Oct 28, 2026

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

Oct 29, 2026

Pro Hac Vice Fee Received

#36

Oct 30, 2026

Letter

#37

Nov 02, 2026

Notice of Pro Hac Vice to Receive NEF

#38

Nov 03, 2026

Letter

Nov 03, 2026

Notice of Pro Hac Vice counsel added