Western District of New York • 1:26-cv-01994

#1

Sep 15, 2026

PETITION for Writ of Habeas Corpus, filed by Jun Xiang Zhou. (Attachments: # 1 Envelope) (KKR) (Entered: 09/16/2026)

#2

Sep 15, 2026

MOTION for Temporary Restraining Order by Jun Xiang Zhou. (KKR) (Entered: 09/16/2026)

#3

Sep 15, 2026

MOTION for Expedited Hearing by Jun Xiang Zhou. (KKR) (Entered: 09/16/2026)

Sep 15, 2026

Filing fee: $ 5.00, receipt number 100010469 (KKR)

#4

Sep 16, 2026

TEXT ORDER. Pro se Petitioner filed a petition for a writ of habeas corpus seeking relief under 28 U.S.C. § 2241. Dkt. 1 . He also moved for a temporary restraining order ("TRO") requesting an order that Respondents provide him with a bond hearing under 8 U.S.C. § 1226(a) within 72 hours or, in the alternative, an expedited hearing to determine the lawful basis for his continued custody if Respondents contend that he is detained under 8 U.S.C. § 1226(a). Dkt. 2 . Petitioner also moved for an expedited hearing. See Dkt. 3 .The Court has considered Petitioner's arguments, but those arguments do not entitle him to a TRO here. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (moving party must establish: (1) a likelihood of irreparable harm absent preliminary relief; (2) a likelihood of success on the merits; (3) the balance of equities tipping in favor of the moving party; and (4) that the public interest is served by an injunction); see also Starbucks Corp. v. McKinney, 602 U.S. 339, 346 (2024) ("The default rule is that a plaintiff seeking a preliminary injunction must make a clear showing that 'he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.'") (quoting Winter, 555 U.S. at 20); Jones v. Wolf, 467 F. Supp. 3d 74, 81 (W.D.N.Y. 2020) (the "same standard" governs consideration of an application for a temporary restraining order). Petitioner's motion for a TRO (Dkt. 2 ), therefore, is DENIED. The Court grants the 3 motion for expedited hearing, to the extent of setting the following schedule. Respondents shall respond to the petition by September 29, 2026. Petitioner's reply is due by October 6, 2026. The Clerk of Court shall serve a copy of the petition (Dkt. 1 ) and this Text Order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/16/2026. (KLH)This was mailed to: Petitioner. (Entered: 09/16/2026)

#5

Sep 16, 2026

Remark: Chambers emailed 1 Petition to USANYW-Immigration-Habeas@usdoj.gov. (KLH) (Entered: 09/16/2026)

Sep 16, 2026

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636(c) and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Clerk mailed to petitioner the Prisoner Pro Se Packet, consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline. (KKR)