NEWARK, N.J. — A Ukrainian national detained for more than 10 months at a New Jersey immigration facility will receive a bond hearing after a federal judge found his continued detention may violate due process.
In a newly issued opinion, the U.S. District Court for the District of New Jersey ruled that Oleg Nomerovskyi, who has been held since June 2025 at Delaney Hall, raised valid concerns that his detention has become unreasonably prolonged.
Lengthy detention at center of legal challenge
Nomerovskyi filed a petition seeking release or, alternatively, a bond hearing, arguing that his extended detention by the Department of Homeland Security violates constitutional protections.
Federal law allows immigration detention under certain circumstances, but courts have increasingly scrutinized cases where detention stretches for months without resolution.
The court confirmed it has jurisdiction over the case because Nomerovskyi is being held within the district and claims his detention violates federal law and the Constitution.
Judge weighs duration and delays in ruling
In evaluating the case, the court applied a multi-factor test used in similar immigration detention challenges, focusing heavily on how long the petitioner has been held.
“The most important factor is the duration of detention,” the opinion noted, pointing out that Nomerovskyi has been in custody since June 10, 2025.
The judge also cited delays in the immigration system, including a large backlog of appeals before the Board of Immigration Appeals, which could prolong the case for months or longer.
As of early 2026, more than 219,000 appeals were pending before the board, contributing to extended timelines for detainees seeking resolution.
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Key Points
• Ukrainian man detained in NJ since June 2025 wins right to bond hearing
• Judge cites prolonged detention and immigration court backlog
• Case highlights ongoing legal challenges to extended ICE detention
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No automatic right to bond, but exceptions apply
The court noted that individuals detained under the relevant immigration statute typically do not have an automatic right to a bond hearing.
However, judges may intervene when detention becomes excessively long and potentially arbitrary.
Legal precedent allows courts to require bond hearings in such cases to determine whether continued detention is justified.
What happens next
The ruling does not immediately release Nomerovskyi but requires that he be given a bond hearing, where an immigration judge will assess whether he should remain in custody.
His immigration case remains pending, and further legal proceedings could follow depending on the outcome of both the bond hearing and his appeal.
The case underscores ongoing legal debates over immigration detention length and due process rights as courts continue to address backlogs and prolonged custody nationwide.
