District of New Jersey • 2:26-cv-08841

#1

Jul 16, 2026

First PETITION for Writ of Habeas Corpus for Unlawfully Detained Noncitizen ( Filing fee $ 5 receipt number ANJDC-17671476.), filed by XIAOWEN CAI. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit A: Identity Documents, # 3 Exhibit B: Detainee and Immigration Court Status)(SIMBRON, NOEMI) (Entered: 07/16/2026)

#2

Jul 16, 2026

TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Chief Judge Renee Marie Bumb on 7/16/2026. (ps) (Entered: 07/16/2026)

Jul 16, 2026

Emergent Immigration Habeas Non-transfer Order

Jul 16, 2026

Case Assigned/Reassigned

Jul 16, 2026

Case Assigned to Judge Julien Xavier Neals. (ps)

#3

Jul 17, 2026

ORDER TO ANSWER: Respondents are temporarily enjoining Respondents from transferring Petitioner from her current detention facility in New Jersey during the pendency of this action; directing Respondents to electronically file a full and complete answer to Petition within 3 days; directing Respondents to electronically file a written notice within 3 days of Petitioner's release, be it transfer to supervised release or otherwise. Signed by Judge Julien Xavier Neals on 7/17/2026. (N/M) (sks) (Entered: 07/17/2026)

#4

Jul 19, 2026

NOTICE of Appearance by SARINA KAPLAN on behalf of TODD BLANCHE, MARKWAYNE MULLIN, LUIS SOTO, JOHN TSOUKARIS (KAPLAN, SARINA) (Entered: 07/19/2026)

#5

Jul 20, 2026

RESPONSE re 1 Petition for Writ of Habeas Corpus,. (Attachments: # 1 Exhibit Ex 1 - I-213, Jun. 25, 2026, # 2 Exhibit Ex 2 - NTA, Jun 25, 2026)(KAPLAN, SARINA) (Entered: 07/20/2026)

#6

Jul 22, 2026

Letter from U.S. Attorney's Office re Supplement to ECF No. 5 re 5 Response (NOT Motion). (KAPLAN, SARINA) (Entered: 07/22/2026)

#7

Aug 31, 2026

Letter from Petitioner Requesting Immediate Release to Secure Compliance with Immigration Court ORder. (Attachments: # 1 Exhibit A: Bond Order, # 2 Exhibit B: VD Order, # 3 Exhibit C: Email from Spouse)(SIMBRON, NOEMI) (Entered: 08/31/2026)

#8

Sep 01, 2026

Substitution of Attorney - Attorney SARINA KAPLAN terminated. Attorney JESSICA LASERNA for TODD BLANCHE,JESSICA LASERNA for MARKWAYNE MULLIN,JESSICA LASERNA for LUIS SOTO,JESSICA LASERNA for JOHN TSOUKARIS added.. (LASERNA, JESSICA) (Entered: 09/01/2026)

#9

Sep 01, 2026

TEXT ORDER - Before the Court is Petitioner's letter informing the Court that on August 17, 2026, Petitioner was granted voluntary departure and arguing the Respondents may not take the steps necessary to effectuate Petitioner's voluntary departure. (ECF Nos 7 .) The Immigration Court granted Petitioner voluntary departure under safeguards and ordered Petitioner to depart by September 16, 2026. (See ECF No. 7 -2.) The phrase voluntary departure "under safeguards" appears to refer to the procedure involving an alien's detention until departure. See also Matter of M-A-S-, 24 I. & N. Dec. 762, 766 (BIA 2009) (stating that "the term 'voluntary departure with safeguards' is commonly used to characterize the requirement that an alien remain in custody until he or she departs from the United States"); Hernandez v. Warden, Eden Det. Ctr., No. 6:26-CV-00053-H, 2026 WL 593532, at *4 (N.D. Tex. Mar. 3, 2026); El Badrawi v. United States, 787 F. Supp. 2d 204, 231-32 (D. Conn. 2011). Pursuant to 8 C.F.R. § 240.25(b), the granting of voluntary departure may include the attachment of "any conditions [deemed] necessary to ensure the alien's timely departure from the United States, including the posting of a bond, continued detention pending departure, and removal under safeguards." 8 C.F.R. § 240.25(b) (emphasis added). Additionally, an immigration judge "may impose such conditions as he or she deems necessary to ensure the alien's timely departure from the United States." 8 C.F.R. § 1240.26(b)(3)(i). Petitioner is detained pending her voluntary departure and now submits that Respondents may not take the steps to ensure her departure by the September 16, 2026 deadline. Accordingly, it is ORDERED that the parties shall meet and confer within forty-eight (48) hours of the entry of this Text Order to ensure that Respondents facilitate Petitioner's voluntary departure by the ordered September 16, 2026 deadline. It is further ORDERED that the parties shall file a status letter with this Court within twenty-four (24) hours after they meet and confer to update the Court on the status of Petitioner's voluntary departure.So Ordered by Judge Julien Xavier Neals on 9/1/2026. (kd) (Entered: 09/01/2026)

Sep 01, 2026

Text Order

#10

Sep 02, 2026

Letter from Respondents re: Meet and Confer re 9 Text Order,,,,,,,,,. (LASERNA, JESSICA) (Entered: 09/02/2026)

#11

Sep 03, 2026

Letter from Respondents Regarding Petitioner's Release Pending Voluntary Departure re 10 Letter. (LASERNA, JESSICA) (Entered: 09/03/2026)

#12

Sep 04, 2026

Letter from Petitioner Seeking Immediate Release in order to Comply with VD Order. (SIMBRON, NOEMI) (Entered: 09/04/2026)

#13

Sep 05, 2026

TEXT ORDER - Before the Court is Respondents' letter informing the Court that Immigration and Customs Enforcement ("ICE") has not agreed to release Petitioner on bond pending her voluntary departure, as Petitioner was granted voluntary departure under safeguards. (ECF No. 11 .) As the Court previously noted, voluntary departure "under safeguards" refers to the requirement whereby a noncitizen remains in custody until departure from the United States as a condition of a grant of voluntary departure. See Matter of M-A-S-, 24 I. & N. Dec. 762, 766 (BIA 2009). Respondents have failed to provide the Court with any information regarding what steps are being taken to ensure Petitioner's voluntary departure in a timely manner. (See id.) Petitioner again filed a letter reply requesting to be released on bond to depart the country by the September 16, 2026 deadline. (ECF No. 12 .) Accordingly, it is ORDERED that no later than Tuesday September 8, 2026 Respondents shall update the Court on the steps that are being taken to effectuate Petitioner's release; the Court notes that it may be inclined to order Respondents to extend Petitioner's voluntary departure time if Respondents actions prevent Petitioner's departure and require the Court to order her release so she can secure her own departure. So Ordered by Judge Julien Xavier Neals on 9/5/2026. (kd) (Entered: 09/05/2026)

Sep 05, 2026

Text Order

#14

Sep 08, 2026

Letter from Respondents Providing Update re: Petitioner's Voluntary Departure re 13 Text Order,,,,, 7 Letter. (LASERNA, JESSICA) (Entered: 09/08/2026)

#15

Sep 10, 2026

Letter from Petitioner Updating the Court Regarding Development for Departure and Requesting Limited Lift of the Non Transfer Order. (Attachments: # 1 Exhibit A: Communications with Agents for ICE Regarding Departure to China)(SIMBRON, NOEMI) (Entered: 09/10/2026)

#16

Sep 11, 2026

TEXT ORDER - Before the Court is Petitioner Xiaowen Cai's ("Petitioner") letter requesting that the Court lift the transfer injunction to allow for Petitioner's voluntary departure from the United States. (ECF No. 15 .) Accordingly, it is ORDERED that Petitioner's request is GRANTED and the no-transfer order is LIFTED solely for the purpose of allowing for Petitioner's transport to JFK Airport on September 14, 2026, to effectuate her voluntary departure from the country. It is further ORDERED that Respondents shall file a status update no later than Wednesday, September 16, 2026, regarding the status of Petitioner's departure and whether the Court can close this case. So Ordered by Judge Julien Xavier Neals on 9/11/2026. (kd) (Entered: 09/11/2026)

Sep 11, 2026

Text Order

#17

Sep 16, 2026

Letter from Respondents Confirming Petitioner's Departure and Requesting Case Closure re 16 Text Order,,,. (LASERNA, JESSICA) (Entered: 09/16/2026)

#18

Sep 17, 2026

TEXT ORDER - Before the Court is Respondents' letter (ECF No. 17 ) informing the Court that Petitioner has voluntarily departed the country. Accordingly, it is ORDERED that the Clerk of the Court shall CLOSE this matter.So Ordered by Judge Julien Xavier Neals on 9/17/2026. (kd) (Entered: 09/17/2026)

Sep 17, 2026

***Civil Case Terminated. (wh)

Sep 17, 2026

Text Order

Sep 17, 2026

Terminate Civil Case