NEWARK, NJ – A federal judge has denied a habeas corpus petition filed by an Egyptian national challenging his continued detention by U.S. Immigration and Customs Enforcement at a Newark facility, ruling that immigration authorities are lawfully holding him under expedited removal procedures.
U.S. District Judge Edward S. Kiel rejected the petition filed by Kerolos Hercle Gaid Salama, who sought release under a different section of federal immigration law while his asylum application remains pending. The court concluded that Salama is properly detained under 8 U.S.C. §1225(b)(1), not §1226, as he had argued.
Salama, a citizen of Egypt, entered the United States in October 2024. Shortly after his arrival, the Department of Homeland Security issued a Notice and Order of Expedited Removal. Although he was granted parole later that month, he filed an application for asylum and withholding of removal in December 2024. That application remains pending.
ICE detained Salama in Newark on November 12 following a scheduled interview. He filed a petition under 28 U.S.C. §2241 on December 24, 2025, arguing that his continued detention was improper and that he should instead receive a bond hearing.
Court distinguishes prior New Jersey ruling
In earlier proceedings, the court asked the government to clarify whether Salama’s detention was governed by §1225(b)(1) or §1225(b)(2), referencing a recent District of New Jersey decision that limited detention authority in certain parole cases. Government attorneys responded that Salama is subject to an administratively final expedited removal order under §1225(b)(1), distinguishing his case from recent precedent.
Judge Kiel agreed with the government’s position, finding that Salama remains subject to expedited removal despite having been paroled into the country and does not qualify for release under the alternative detention statute he cited.
• Petitioner entered the U.S. in October 2024 and sought asylum
• ICE detained him in Newark in November 2025
• Court ruled detention is proper under expedited removal statute