Kosovo man with CAT protection detained by ICE challenges detention in federal habeas petition
Aug 3, 2026 · Newark, NJ, Kosovo
Blerim Skoro, a citizen of Kosovo, was granted deferral of removal under the Convention Against Torture (CAT) on November 9, 2022. He was detained by immigration authorities at the Newark Field Office and filed a habeas corpus petition under 28 U.S.C. § 2241 on August 3, 2026, challenging the legality of his detention. Skoro argued he is being wrongfully held under 8 U.S.C. § 1225(b) and sought release or a bond hearing under 8 U.S.C. § 1226(a). The court noted there is no indication Skoro is currently in removal proceedings, and clarified that a CAT grant does not preclude detention or removal to a third country. The court denied Skoro's motion for a temporary restraining order without prejudice, finding insufficient facts to determine whether his detention is lawful under 8 U.S.C. § 1231. The court declined to dismiss the petition and ordered an expedited briefing schedule, requiring the government to file a full answer within 7 days addressing the statutory basis for detention. A prior stay of transfer from the District of New Jersey, entered by the Chief Judge, remains in effect during the proceedings.
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