CAMDEN, NJ – A federal judge in New Jersey has ordered the release of an Indian national who had been held in U.S. immigration custody for months despite no realistic prospect of removal, ruling that his prolonged detention violated federal law.
In a December 1 opinion, U.S. District Judge Karen M. Williams granted a habeas corpus petition filed by Harnish Patel, directing the government to release him under supervision. Patel, a native and citizen of India, has been subject to a final order of removal since February 28, 2015.
After spending ten months in immigration detention that year, Patel was released under an order of supervision when the Indian Consulate refused to issue travel documents for his deportation. He remained free for nearly a decade until June 20, 2025, when he was taken back into custody during a routine check-in and issued a warning for failure to depart.
Patel has now been detained for an additional five months, bringing his total time in immigration custody to roughly fifteen months.
Court finds continued detention exceeds lawful limits
In her ruling, Judge Williams cited the U.S. Supreme Court’s decision in Zadvydas v. Davis (2001), which limits post-removal-order detention to a “reasonably necessary” period to effect deportation—typically no longer than six months.
The court rejected the government’s argument that Patel’s latest detention period alone fell within the presumptively reasonable time frame. Instead, it ruled that both detention periods must be viewed cumulatively, finding that Patel’s total confinement “has clearly crested the six-month mark” and is therefore subject to constitutional review.
Williams wrote that immigration authorities failed to show that Patel’s removal to India was likely in the foreseeable future, given the prior refusal by Indian officials to issue travel documents and the lack of new evidence suggesting a change.
Release ordered under supervision
Finding “good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future,” the court ordered Patel’s immediate release under supervision in accordance with federal immigration law.
The judge’s decision underscores that the government’s authority to detain noncitizens under a final order of removal is not indefinite and must remain tethered to realistic deportation prospects.