Southern District of New York • 1:26-cv-02654

#1

Mar 31, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32631791) Document filed by Fengqi Yan..(Wasserman, Jed) (Entered: 03/31/2026)

#2

Mar 31, 2026

CIVIL COVER SHEET filed..(Wasserman, Jed) (Entered: 03/31/2026)

#3

Mar 31, 2026

ORDER: On March 31, 2026, Petitioner Fengqi Yan filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. See ECF No. 1. The parties shall appear for a case management conference on April 6, 2026 at 10:00 a.m. The conference wi ll take place by telephone. The Court will provide dial-in information in a separate order prior to the conference. No later than 10:00 p.m. today, March 31, 2026, Petitioner's counsel shall (1) serve Respondents with a copy of the Petition an d accompanying papers, along with a copy of this Order, by e-mail to the United States Attorney's Office for the Southern District of New York at Jeffrey.Oestericher@usdoj.gov and by overnight mail and (2) promptly file proof of such ser vice on the docket. Counsel for Respondents shall promptly enter notices of appearance. (And as further set forth herein.) SO ORDERED. (Telephone Conference set for 4/6/2026 at 10:00 AM before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 3/31/2026) (jca)

Mar 31, 2026

Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

Mar 31, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)

Mar 31, 2026

Case Designated ECF. (jgo)

Mar 31, 2026

Case Opening Initial Assignment Notice

#4

Apr 01, 2026

CERTIFICATE OF SERVICE of Petition for Habeas Corpus; Order to Show Cause served on United States Attorneys Office for the Southern District; Respondents on 3/31/2026; 04/01/2026. Service was made by EMAIL / MAIL. Document filed by Fengqi Yan. (Attachments: # 1 Supplement Proof of Service).(Wasserman, Jed) (Entered: 04/01/2026)

#5

Apr 03, 2026

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Judith Almodovar, Pamela Bondi, Executive Office Of Immigration Review, Markwayne Mullin..(Waterman, Brandon) (Entered: 04/03/2026)

#6

Apr 03, 2026

JOINT LETTER addressed to Judge Jennifer H. Rearden from Brandon M. Waterman dated April 3, 2026 re: Response to the Court's Order. Document filed by Judith Almodovar, Pamela Bondi, Executive Office Of Immigration Review, Markwayne Mullin..(Waterman, Brandon) (Entered: 04/03/2026)

#7

Apr 06, 2026

MEMO ENDORSEMENT on re: 6 Letter, filed by Markwayne Mullin, Executive Office Of Immigration Review, Judith Almodovar, Pamela Bondi ENDORSEMENT: In light of the parties' agreement that "the scheduled conference and full briefing is not necessary," the conference scheduled for April 6, 2026 is adjourned sine die. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 4/5/2026) (jca) (Entered: 04/06/2026)

#8

Apr 29, 2026

EMERGENCY MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION. Document filed by Fengqi Yan. (Attachments: # 1 Supplement Memorandum of Law, # 2 Exhibit Exhibits to Memorandum of Law, # 3 Proposed Order Proposed Order to Motion).(Wasserman, Jed) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 04/29/2026)

#9

Apr 29, 2026

ORDER By 12:00 p.m. on April 30, 2026, Respondents shall file a letter stating their position with respect to Petitioner's Emergency Motion for a Temporary Restraining Order and Preliminary Injunction, ECF No. 8. The letter shall address the impact of Cunha v. Freden, No. 25-3141 (2d Cir. Apr. 28, 2026), on this case and whether, in Respondents' view, a bond hearing, immediate release, or other remedy is appropriate. Respondents' letter shall also include a joint proposal from the parties regarding next steps. SO ORDERED. (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) (jtr) (Entered: 04/29/2026)

Apr 29, 2026

Order

#10

Apr 30, 2026

NOTICE OF APPEARANCE by Tudor M Neagu on behalf of Judith Almodovar, Pamela Bondi, Executive Office Of Immigration Review, Markwayne Mullin..(Neagu, Tudor) (Entered: 04/30/2026)

#11

Apr 30, 2026

RESPONSE in Opposition to Motion re: 8 EMERGENCY MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION. . Document filed by Judith Almodovar, Pamela Bondi, Executive Office Of Immigration Review, Markwayne Mullin. (Attachments: # 1 Exhibit A, Record of Deportable-Inadmissible Alien, Form I-213, Mar. 31, 2026, # 2 Exhibit B, Notice to Appear, Form I-862, Feb. 6, 2024, # 3 Exhibit C, Order of Release, Feb. 6, 2024, # 4 Exhibit D, Warrant for Arrest of Alien, Form I-200, Mar. 31, 2026).(Neagu, Tudor) (Entered: 04/30/2026)

#12

Apr 30, 2026

RESPONSE in Support of Motion re: 8 EMERGENCY MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION. . Document filed by Fengqi Yan. (Attachments: # 1 Exhibit A. Desk Appearance Ticket B. Letter from DA's Office).(Wasserman, Jed) (Entered: 04/30/2026)

#13

Apr 30, 2026

ORDER By May 4, 2026, Petitioner shall file a letter responding to the Government's submission, ECF No. 11, and reporting the outcome of Petitioner's May 1, 2026 individual merits hearing. The letter shall also address the parties' joint proposal as to next steps, including whether Petitioner seeks to amend the petition or withdraw the TRO, ECF No. 8. SO ORDERED. (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) (jtr) (Entered: 04/30/2026)

Apr 30, 2026

Order

#14

May 04, 2026

INTERNET CITATION NOTE: Material from decision with Internet citation re: 3 Order.(rro) (Entered: 05/04/2026)

#15

May 04, 2026

INTERNET CITATION NOTE: Material from decision with Internet citation re: 3 Order.(rro) (Entered: 05/04/2026)

#16

May 04, 2026

RESPONSE in Support of Motion re: 8 EMERGENCY MOTION for Temporary Restraining Order AND PRELIMINARY INJUNCTION. . Document filed by Fengqi Yan. (Attachments: # 1 Exhibit 1. EOIR Case Status).(Wasserman, Jed) (Entered: 05/04/2026)

#17

May 06, 2026

ORDER By May 8, 2026, Respondents shall file a response to Petitioner's argument that "he should not be considered to be subject to [Section 1226(c)'s] mandatory detention provision." ECF No. 12 at 1-2. Respondents shall specifically address the New York County District Attorney's letter dated January 2, 2026, see ECF No. 12-1 at 5 (stating that, "[o]n 12/26/2025... [the] District Attorney's Office declined to prosecute" Petitioner for the "Original Charge(s)" of "PL 155.25, [and] PL 165.40"), and shall discuss the following cases, as well as any other relevant authorities: H.A. v. Genalo, No. 26 Civ. 2706 (AT), 2026 WL 1159512, at *3-4 (S.D.N.Y. Apr. 28, 2026) ("[A]lthough detention remains mandatory if charges are filed,... it is no longer required if charges are dropped or if a person is acquitted." (internal quotations omitted)); Guzman v. Arteta, No. 26 Civ. 2808 (DEH), 2026 WL 1045920, at *3, 4 (S.D.N.Y. Apr. 16, 2026) (similar) ("Under common usage of the English language, if criminal charges against someone have been dropped, we would not continue to say the person is 'charged with' that crime, present tense.") (quoting Helbrum v. Williams Olson, No. 25 Civ. 349, 2025 WL 2840273, at *56 (S.D. Iowa Sep. 30, 2025)); Sidqui v. Almodovar, No. 25 Civ. 9349, 2026 WL 251929 (VSB), at *12 (S.D.N.Y. Jan. 30, 2026) ("[The Court] asked the Government at the OTSC Hearing whether they are aware of any case 'where the immigration authorities were basing the arrest on the fact that someone was arrested and charged, although those charges had been previously dismissed... and the Government confirmed that it was 'not aware of any cases discussing that scenario.'"); Rueda Torres v. Francis, No. 25 Civ. 8408 (DEH), 2025 WL 3168759, at *5 (S.D.N.Y. Nov. 13, 2025) ("[T]he text of § 1226(c)(1)(E)(ii) does not provide for mandatory detention where, as here, charges have been dropped." (citing Aguilar Lares v. Bondi, No. 25 Civ 01562, Mem. Op. & Order, ECF No. 18 at *9 (E.D. Va. Oct. 29, 2025) ("The plain language makes clear that detention is not mandatory if the criminal charges have been dismissed."))). (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) (jtr) (Entered: 05/06/2026)

May 06, 2026

Order

#18

May 08, 2026

Letter

#19

May 19, 2026

Letter

#20

Jun 01, 2026

ORDER re: 1 Petition for Writ of Habeas Corpus filed by Fengqi Yan. On March 31, 2026, Petitioner Fengqi Yan filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. See ECF No. 1. The Court directed the parties to ap pear for a case management conference on April 6, 2026 and to file a joint letter, by no later than April 3, 2026, "stating whether the conference [was] necessary and addressing how the Court should handle this Petition." ECF No. 3. On April 3, 2026, the parties filed a letter stating that "[t]he primary legal issue presented in the Petition concerns the statutory authority for Petitioner's detention-whether it is 8 U.S.C. § 1226(a) or 8 U.S.C. § 1225(b)(2)( A)." ECF No. 6 at 2. Petitioner acknowledged that "the facts and issues in [] Weng v. Genalo are materially indistinguishable from this case" and "reserve[d] all rights and arguments for appeal, including [his] position that Petitioner's detention falls under 8 U.S.C. § 1226." Id. at 1. Respondents stated that Petitioner "unlawfully entered the United States without inspection on or about February 5, 2024" and "was apprehended by Border Patrol the same day, at which time he was arrested, served a Notice to Appear that charged him as inadmissible under 8 U.S.C. § 1182(a)(6)(A)(i), and released on his [own] recognizance." As further set forth in this Order, By June 5, 2026, Respondents shall file a letter comparing their position in the instant matter with that in Allen, No. 26 Civ. 4142, and Markino Oldacre, No. 26 Civ. 2672. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 6/1/2026) (ar)

#21

Jun 05, 2026

Letter

#22

Jun 09, 2026

Memo Endorsement

#23

Jun 13, 2026

Letter

#24

Jun 15, 2026

Memo Endorsement

#25

Jun 18, 2026

Letter

#26

Jun 18, 2026

Letter

#27

Jun 18, 2026

Memo Endorsement

#28

Jun 24, 2026

Letter

#29

Jul 08, 2026

MEMORANDUM OPINION & ORDER granting 8 Motion for TRO. For the foregoing reasons, the Petition is GRANTED. Respondents are ORDERED to cause an individualized bond hearing for Petitioner to be conducted before an Immigration Judge pursuant to 8 U.S.C. § 1226(a) by July 15, 2026. See, e.g., Oldacre II, 2026 WL 1718184, at *3 (ordering, on June 12, 2026, that petitioner, who had been detained since March 31, 2026, was entitled to a bond hearing within seven days); Quintanilla v . Decker, No. 21 Civ. 417 (GBD), 2021 WL 707062, at *4 (S.D.N.Y. Feb. 22, 2021) (ordering, on February 22, 2021, that petitioner, who had been detained since November 12, 2020, was entitled to a bond hearing "[w]ithin ten (10) business days&q uot;); cf. Xiaoquan Chen v. Almodovar, No. 25-3169, ECF No. 49.1 (2d Cir. May 6, 2026) (ordering, after petitioner had been detained for approximately seven months, see Chen v. Almodovar, 815 F. Supp. 3d 314, 317 (S.D.N.Y. 2025), "that Petiti oner be released... pending disposition of his appeal"). "At the hearing, the Government shall bear the burden to prove, by clear and convincing evidence, that the petitioner is a danger to the community or a risk of flight." Romero, 2025 WL 3110459, at *4; see, e.g., Oldacre II, 2026 WL 1718184, at *3; Velasco Lopez v. Decker, 978 F.3d 842, 856-57 (2d Cir. 2020) (upholding order "requiring the Government to prove that [petitioner] is a danger to the community or a fligh t risk by clear and convincing evidence to justify his continued detention"). If the Immigration Judge orders Petitioner's release, Respondents are directed to (i) inform Petitioner as to the expected time and place of Petitioner' s release, (ii) immediately transport Petitioner back to the Southern District of New York, and (iii) immediately upon effectuating his transfer, release him from custody. Respondents are further directed to file a letter updating the Court on the status of this matter by July 17, 2026. The Clerk of Court is directed to terminate ECF No. 8. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 7/8/2026) (vfr)

#30

Jul 15, 2026

Letter

#31

Jul 16, 2026

Memo Endorsement

#32

Jul 17, 2026

Letter