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Habeas Corpus - Alien Detainee | New York Eastern
Letter
Letter Confirming EAJA Fee Payment by Judith Almodovar, Pamela Bondi, Todd M. Lyons, Raul Maldonado, Kristi Noem (Hayes, Richard)
Other Immigration Actions | New Jersey
Text Order
TEXT ORDER: According to Petitioner, Respondents are presently detaining him under the mandatory detention provisions of 8 U.S.C. § 1225 (ECF No. 1 at 4-7). This Court preliminarily concludes that Petitioner is being unlawfully detained under 8 U.S.C. §1225 because Petitioner was apprehended inside the United States after residing here for an extended period, and therefore he should have been detained under 8 U.S.C. §1226. See Patel v. Almodovar, No. 25-cv-1534, 2025 WL 3012323 (D.N.J. Oct. 28, 2025). If Respondents contend that Patel is factually distinguishable, they shall file an expedited answer to the Petition within 3 days of this Order, and Petitioner shall file any reply within 3 days of the answer. Respondents may redact any sensitive information belonging to petitioner or persons not before this Court but may not redact names or signatures of immigration officials or other public employees. Otherwise, Respondents shall RELEASE Petitioner within 24 hours under the same conditions, if any, that existed prior to his detention, including, but not limited to, release: (1) within the State of New Jersey; (2) without the imposition of additional conditions (such as ankle monitors or electronic tracking devices); (3) with all clothing and outerwear worn at the time of detention, or other appropriate attire; and (4) with all personal property and documents that were seized at the time of detention. So Ordered by Judge Susan D. Wigenton on 7/1/2026. (cds)
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