Southern District of New York • 1:26-cv-00239

Xiao v. Almodovar

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Case Information

Filed: January 12, 2026
Assigned to: Ronnie Abrams
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in Habeas Corpus: INS
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Last Activity: January 22, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 12, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32246432) Request for emergency relief to be separately filed..Document filed by Jinhong Xiao..(Wasserman, Jed) (Entered: 01/12/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 12, 2026
CIVIL COVER SHEET filed..(Wasserman, Jed) (Entered: 01/12/2026)
Main Document: Civil Cover Sheet
#3
Jan 12, 2026
ORDER: On January 12, 2026, Petitioner Jinghon Xiao filed a petition of habeas corpus, pursuant to 28 U.S.C. § 2241. It is hereby ordered that: Respondents shall file an opposition by January 16, 2026, as to why the petition for a writ of habeas corpus should not be granted.Petitioner shall have the opportunity to reply by January 21, 2026.This matter shall be heard by the Court on January 23, 2026, at 1:00 p.m. in the Thurgood Marshall United States Courthouse, Courtroom 1105, 40 Foley Square, New York, NY 10007. Respondents shall produce Petitioner at this hearing. To preserve the Court's jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the United States absent further order of this Court. See, e.g., Khalil v. Joyce, No. 25-CV-1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (citing cases); see also, e.g., Du v. United States Dep't of Homeland Sec., No. 25-CV-0644 (OAW), 2025. WL 1317944, at *1 (D. Conn. Apr. 24, 2025) ("[A] a federal court may temporarily enjoinimmigration authorities from deporting individuals if it preserves the court's jurisdiction over a case or cases."). Moreover, in light of Petitioner's interests in participating in further proceedings before this Court and to facilitate resolution of the Petition, Respondents shall not transfer Petitioner except to a facility within this District, the Eastern District of New York, or the District of New Jersey absent further order of this Court. See, e.g., Perez y Perez v. Noem, No. 25-CV-4828 (DEH), 2025 WL 1908284, at *2-3 (S.D.N.Y. June 13, 2025) (enjoining a habeas petitioner's transfer pending adjudication of his petition); see also, e.g., Arostegui-Maldonado v. Baltazar, No. 25-CV-2205 (WJM) (STV), 2025 WL 2280357, at *14-16 (D. Colo. Aug. 8, 2025) (same); Oliveros v. Kaiser, No. 25-CV-7117 (BLF), 2025 WL 2677125, at *8-9, *11 (N.D. Cal. Sept. 18, 2025) (same). The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this Order has issued at the following email address: jeffrey.oestericher@usdoj.gov. ( Responses due by 1/16/2026, Replies due by 1/21/2026., Show Cause Hearing set for 1/23/2026 at 01:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 1/12/2026) (rro) (Entered: 01/12/2026)
Main Document: Order to Answer, 28 U.S.C. 2241 AND ~Util - Set Deadlines/Hearings
#4
Jan 12, 2026
NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of Judith Almodovar, Pamela Bondi, Executive Office Of Immigration Review, Kristi Noem..(Onozawa, Tomoko) (Entered: 01/12/2026)
Main Document: Notice of Appearance
Jan 12, 2026
Case Designated ECF. (pc)
Jan 12, 2026
Magistrate Judge Stewart D. Aaron 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. (pc)
Jan 12, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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..(pc)
Jan 12, 2026
Case Opening Initial Assignment Notice
#5
Jan 13, 2026
Amended Petition
Main Document: Amended Petition
#6
Jan 16, 2026
Memorandum of Law in Opposition (non-motion)
Main Document: Memorandum of Law in Opposition (non-motion)
#7
Jan 16, 2026
Declaration in Opposition (non-motion)
Main Document: Declaration in Opposition (non-motion)
#8
Jan 20, 2026
Memorandum & Opinion
Main Document: Memorandum & Opinion
#9
Jan 21, 2026
Letter
Main Document: Letter
#10
Jan 22, 2026
Judgment - Clerk
Main Document: Judgment - Clerk