Eastern District of Virginia • 1:25-cv-02382

Xiao v. Noem

Completed

Case Information

Filed: December 17, 2025
Assigned to: Michael S. Nachmanoff
Referred to: Ivan D. Davis
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: January 30, 2026
Last Activity: February 02, 2026
Parties: View All Parties →

Docket Entries

#1
Dec 17, 2025
PETITION for Writ of Habeas Corpus (Filing Fee $5 receipt number AVAEDC-10653849), filed by Xing Xiao. (Attachments: # 1 Exhibit 1, Supervision Status Letter, # 2 Exhibit 2, Order of Release on Recognizance, # 3 Exhibit 3, Form I-130 Receipt Notice, # 4 Exhibit 4, Decision to Continue Detention, # 5 Exhibit 5, Employment Authorization Document, # 6 Civil Cover Sheet)(Sandoval-Moshenberg, Simon) (Entered: 12/17/2025)
Main Document: PETITION
#2
Dec 18, 2025
ORDERED that on or before 5:00 pm on Tuesday, December 30, 2025, Respondents show cause as to why the Petition should not be granted; and it is further ORDERED that any Reply by Petitioner shall be filed by 5:00 pm on Tuesday, January 6, 2026; and it is further ORDERED that Petitioner shall not be removed from this judicial district unless and until the Court issues a contrary order. Signed by District Judge Michael S. Nachmanoff on 12/18/2025. See Order for further details. (triv) (Entered: 12/19/2025)
Main Document: ORDERED
Dec 18, 2025
Initial Case Assignment to District Judge Michael S. Nachmanoff and Magistrate Judge Ivan D. Davis. (triv)
#3
Dec 30, 2025
NOTICE of Appearance by Christian James Cooper on behalf of Pamela Bondi, Todd Lyons, Kristi Noem, Joseph Simon (Cooper, Christian) (Entered: 12/30/2025)
Main Document: NOTICE
#4
Dec 30, 2025
Consent MOTION for Extension of Time to File Response/Reply as to 1 Petition for Writ of Habeas Corpus (2241), by Pamela Bondi, Todd Lyons, Kristi Noem, Joseph Simon. (Attachments: # 1 Proposed Order)(Cooper, Christian) (Entered: 12/30/2025)
Main Document: Consent
#5
Dec 30, 2025
ORDER granting 4 Consent MOTION for Extension of Time to File Response/Reply; it is further ORDERED that Federal Respondents shall file their Response to the Petition on or before 5:00 pm on Tuesday, January 6, 2026; and it is further ORDERED that any Reply by Petitioner shall be filed by 5:00 pm on Tuesday, January 13, 2026. Signed by District Judge Michael S Nachmanoff on 12/30/2025. (Dest) (Entered: 12/30/2025)
Main Document: ORDER
#6
Jan 06, 2026
Opposition to 1 PETITION for Writ of Habeas Corpus, filed by Pamela Bondi, Todd Lyons, Kristi Noem, Joseph Simon. (Attachments: # 1 Exhibit Declaration of Charles M. Byrne, Assistant Field Office Director, # 2 Exhibit 180-Day Custody Determination, # 3 Exhibit Notice of Revocation of Release)(Cooper, Christian) (Entered: 01/06/2026)
Main Document: Opposition
#7
Jan 07, 2026
Consent MOTION for Extension of Time to File Response/Reply as to 6 Opposition, by Xing Xiao. (Attachments: # 1 Proposed Order)(Sandoval-Moshenberg, Simon) (Entered: 01/07/2026)
Main Document: Consent
#8
Jan 08, 2026
ORDER granting 7 Consent MOTION for Extension of Time to File Response/Reply; and it is further ORDERED that:Petitioner shall file his reply brief in response to Respondent's Opposition to Petition for Writ of Habeas Corpus (Dkt. 10) on or before January 19, 2026. Signed by District Judge Michael S Nachmanoff on 1/8/2026. (Dest) (Entered: 01/08/2026)
Main Document: ORDER
#9
Jan 20, 2026
Reply Memorandum in Support of Petition for Writ of Habeas Corpus filed by Xing Xiao. (Attachments: # 1 Exhibit 6, # 2 Exhibit 7)(Sandoval-Moshenberg, Simon) (Entered: 01/20/2026)
Main Document: Reply
#10
Jan 30, 2026
ORDERED that the Petition is GRANTED as to Counts I and II; and it is further ORDERED that Federal Respondents immediately release Petitioner under an Order of Supervision pursuant to § 1231(a)(3); and it is further ORDERED Federal Respondents and any of Federal Respondents' officers, agents, servants, employees, and attorneys, as well as other person acting in concert, are ENJOINED from re-detaining Petitioner except upon a showing of sufficient changed circumstances with respect to the prospects for removal to a qualifying consenting country; and it is further ORDERED that Respondents file a status report with this Court within three days stating whether Petitioner has been released and if not, why not; and it is further ORDERED that Count V of the Petition is DISMISSED WITHOUT PREJUDICE. Signed by District Judge Michael S. Nachmanoff on 01/30/2026. (jlan) (Entered: 01/30/2026)
Main Document: ORDERED
#11
Jan 30, 2026
CLERK'S JUDGMENT entered in favor of Petitioner Xing Xiao in accordance with Federal Rules of Civil Procedure 58. Entered by the Clerk on 01/30/2026. (jlan) (Entered: 01/30/2026)
Main Document: CLERK'S
#12
Feb 02, 2026
NOTICE by Pamela Bondi, Todd Lyons, Kristi Noem, Joseph Simon re 10 Order,,, (Notice of Release) (Cooper, Christian) (Entered: 02/02/2026)
Main Document: NOTICE