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United States Homeland Security Officers, Rutherford, NJ, USA. US Homeland Security Investigations officers on patrol

Judge orders release of Indian national ordered to be deported to be released in New Jersey

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1 min read
December 3, 2025

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.

Phil Stilton

Phil Stilton is the Editor and Publisher of Shore News Network, an independent digital newsroom providing original reporting on New Jersey, national news, government, public policy, public safety, courts, and community affairs.

As founder of the publication, Stilton leads editorial strategy, investigative reporting, and daily newsroom operations while overseeing coverage that reaches millions of readers annually.

With extensive experience covering municipal government, county government, state legislatures, elections, law enforcement, emergency management, and public records, Stilton specializes in translating complex government actions into clear, factual reporting. His work frequently relies on primary source documents, including court filings, legislation, public meeting records, election finance disclosures, government databases, police reports, and Freedom of Information and Open Public Records Act (OPRA) requests. He has reported extensively on local government accountability, taxpayer spending, campaign finance, public corruption investigations, infrastructure, public safety, and the policies affecting New Jersey residents.

Under Stilton's editorial leadership, Shore News Network has grown into one of New Jersey's largest independent digital news organizations, publishing thousands of original news articles each year while providing breaking news coverage, investigative reporting, and analysis across state and local government. The publication's reporting is routinely sourced from official government agencies, public officials, court records, and firsthand documentation, with a commitment to transparency, attribution, corrections when warranted, and clearly distinguishing factual reporting from opinion.

Stilton's journalism follows established newsroom standards emphasizing accuracy, verification, fairness, and accountability. Every effort is made to verify information through official records and multiple reliable sources before publication. His reporting is intended to provide readers with timely, well-documented information that helps them understand the issues affecting their communities, while maintaining editorial independence from political parties, government agencies, advocacy organizations, and commercial interests.

Readers can submit story tips, corrections, public records, or media inquiries through the official Shore News Network website or its verified social media channels. Shore News Network welcomes corrections and updates when new information becomes available as part of its ongoing commitment to accurate and transparent journalism.

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