District of Hawaii • 1:26-cv-00009

Wang v. Kaiser

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Case Information

Filed: January 13, 2026
Assigned to: Micah Smith
Referred to: Kenneth Mansfield
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Active
Last Activity: February 18, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 13, 2026
First PETITION for Writ of Habeas Corpus [Emergency MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction to Prevent Unlawful Immigration Detention (28 U.S.C. 1331, 2241, 1651; Fed.R. Civ.P. 65; 21 D.Haw.Local Rule] ( Filing fee $ 5 receipt number AHIDC-3253261.), filed by Bailin Wang, Meikun Zheng, Baifeng Wang, Jianqiang Wang, Baishen Wang. (Attachments: # 1 Civil Cover Sheet)(DiAmore-Siah, Carmen) Modified on 1/13/2026 (eta). Added MOTION for Preliminary Injunction on 1/13/2026 (eta). Modified on 1/13/2026 (eta). (Entered: 01/13/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jan 13, 2026
NOTICE of Case Assignment: Please reflect Civil case number CV 26-00009 MWJS-KJM on all further pleadings. (eta) (Entered: 01/13/2026)
#3
Jan 13, 2026
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:30AM on 3/16/2026 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE DERRICK K. WATSON on 1/13/2026. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT. (eta) (Entered: 01/13/2026)
Main Document: Order Setting Rule 16
#4
Jan 13, 2026
CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: # 1 AO 398 Notice of a Lawsuit and Request to Waive Service of a Summons, # 2 AO 399 Waiver of the Service of Summons)(eta) (Entered: 01/13/2026)
Main Document: CIVIL
#5
Jan 13, 2026
EO: Earlier today, Petitioners Jianqiang Wang, Meikun Zheng, Bailin Wang, Baifeng Wang, and Baishen Wang filed an 1 Emergency Motion for Temporary Restraining Order and Motion for Preliminary Injunction to Prevent Unlawful Immigration Detention. The motion was not, however, accompanied by any underlying initiating document. For that reason, the court issued an Advisory Entry instructing Petitioners to "file the initiating document." Petitioners have not yet responded to the Advisory Entry. Petitioners are cautioned that the court will not rule on their Emergency Motion until an initiating document has been filed. The courts initial review of the Emergency Motion, moreover, reveals that it requires supplementation: First, Petitioners ask the court to issue a temporary restraining order on an emergency ex parte basis. But under Rule 65(b)(1) of the Federal Rules of Civil Procedure, an ex parte temporary restraining order may not issue unless Petitioners present "specific facts in an affidavit or a verified complaint [that] clearly show that immediate and irreparable injury, loss, or damage will result to [them] before the adverse party can be heard in opposition." Here, Petitioners have not yet provided an affidavit with their Emergency Motion, and, as noted, there is no underlying verified initiating document. Second, Petitioners contend that the court may exercise jurisdiction under Title 28, United States Code, Section 2241. See Dkt. No. 1, at PageID.3. Section 2241 authorizes the court to grant writs of habeas corpus. But the court may not exercise habeas jurisdiction unless Petitioners demonstrate that they are "in custody." 28 U.S.C. § 2241(c); see also Lapshin v. Bondi, Case No. C25-2245, 2026 WL 71407, at *2 (W.D. Wash. Jan. 9, 2026) ("To succeed on a habeas petition, a petitioner must show he 'is in custody in violation of the Constitution or laws or treaties of the United States.'" (quoting 28 U.S.C. § 2241(c))). Petitioners' Emergency Motion does not allege that they are currently in custody, and does not distinctly offer any argument for why they could be viewed as constructively "in custody" within the meaning of Section 2241. Third, the Emergency Motion appears to argue that all Petitioners are at risk of arrest and detention because, on December 20, 2025, "officers of Immigration and Customs Enforcement came to Petitioner[ Jianqiang Wang]'s residence seeking to take him into custody." Dkt. No. 1, at PageID.5. But the Emergency Motion does not explain what happened when the officers arrived, why they did not in fact take any Petitioner into custody, and why Petitioners believe the officers are likely to attempt to arrest Petitioner again in the future. Nor does the Emergency Motion explain why any other Petitioner beyond Jianqiang Wang is likely to be arrested in the future. Without this additional factual detail, the court cannot assess the strength of Petitioners' contentions. Accordingly, Petitioners are ORDERED to supplement their Emergency Motion to address the three issues identified above. They may provide that supplementation through the initiating document that they file in response to the court's Advisory Entry. Or they may file a supplement to the Emergency Motion itself. Any such supplement must be filed on or before Friday, January 16, 2026. IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH) (ab) (Entered: 01/13/2026)
Jan 13, 2026
ADVISORY ENTRY. Incorrect Event - Please be advised that an incorrect filing event was selected for docket entry 1 (entered as Petition for Writ of Habeas Corpus) MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. The filing party must file the initiating document. For e-filing purposes, select the docketing event "Petition for Writ of Habeas Corpus" from the "Complaints and Other Initiating Documents" category. The filing party may contact the Finance Department for the District of Hawaii to obtain a refund of any duplicate payment. (eta)
#6
Jan 14, 2026
PETITION FOR WRIT OF HABEAS CORPUS SUPPLEMENT by Baifeng Wang, Bailin Wang, Baishen Wang, Jianqiang Wang, Meikun Zheng Petition for Writ of Habeas Corpus. (DiAmore-Siah, Carmen) Modified on 1/16/2026: This pleading is the initiating document in this case. (jni) (Entered: 01/14/2026)
Main Document: PETITION
#7
Jan 14, 2026
MOTION for Pro Hac Vice Sandy K. Hom Filing fee $ 300, receipt number AHIDC-3254273.Carmen Theresa DiAmore-Siah appearing for Petitioners Baifeng Wang, Bailin Wang, Baishen Wang, Jianqiang Wang, Meikun Zheng (DiAmore-Siah, Carmen) (Entered: 01/14/2026)
Main Document: MOTION
#8
Jan 14, 2026
EO: A Status Conference is set for Thursday, January 15, 2026 at 10:15 a.m. via Video Conference before JUDGE MICAH W.J. SMITH. In advance of the conference, the courtroom manager will provide the participants with instructions to connect by video. If counsel wishes to request a different time for the status conference, that request must be submitted in writing to Smith_Orders@hid.uscourts.gov. (JUDGE MICAH W.J. SMITH) (ab) Modified and Regenerated NEF on 1/14/2026 (ab). (Entered: 01/14/2026)
#9
Jan 15, 2026
Order on Motion to Appear Pro Hac Vice
Main Document: Order on Motion to Appear Pro Hac Vice
#10
Jan 15, 2026
EP: STATUS CONFERENCE held on 1/15/2026. Discussion held. Petitioners clarify that their 6 Petition for Writ of Habeas Corpus ("Petition") is the initiating document in this matter and not the supplement requested by the court's 5 entering order. In response to the court's entering order, Petitioners state that they will file a supplement to their 1 Emergency Motion on or before January 16, 2026. Upon review of Petitioner's supplement, the court will decide whether to direct service of the Petition for a response and order a further Status Conference with all parties. The court will also act expeditiously to rule on the Emergency Motion once the supplement is received. (Beth Krupa / 10:15 AM - 10:30 AM) (JUDGE MICAH W.J. SMITH) (ab) (Entered: 01/15/2026)
Main Document: EP:
Jan 15, 2026
ADVISORY ENTRY-Submission of Proposed Orders - Please be advised that Document 7 MOTION for Pro Hac Vice Sandy K. Hom, requires the judge's signature. If the filing party has not already done so, please email the document in Microsoft Word format to mansfield_orders@hid.uscourts.gov. (jni)
#11
Jan 16, 2026
SUPPLEMENT by Baifeng Wang, Bailin Wang, Baishen Wang, Jianqiang Wang, Meikun Zheng In Support of TRO and PI. (Attachments: # 1 Exhibit Exhibit List, # 2 Exhibit Exhibit 1)(DiAmore-Siah, Carmen) (Entered: 01/16/2026)
Main Document: SUPPLEMENT
#12
Jan 17, 2026
EO: On January 13, 2026, this court ordered Petitioners to supplement the 1 Emergency Motion for Temporary Restraining Order and Motion for Preliminary Injunction to Prevent Unlawful Immigration Detention, which they had filed earlier that day. Petitioners timely responded to that order with a filing on January 16, 2026. Petitioners' supplement, including its attached affidavit, explains-among other things-how Petitioners have "lived in constant panic and fear" ever since an incident that took place on December 20, 2025. Though it has no cause to question the seriousness of the matters Petitioners describe, the court concludes that Petitioners' submissions do not satisfy the demanding standard for ex parte interim relief. That is to say, the court finds that, on this record-and without prejudice to any future application for ex parte relief-it cannot issue a temporary restraining order without first affording Respondents an opportunity to respond to the request. Accordingly, Petitioners are DIRECTED to, by no later than January 21, 2026: (1) serve Respondents with a copy of their Petition, their Emergency Motion, and all accompanying papers, along with a copy of this order, by overnight mail and by email to all appropriate recipients, including the United States Attorney's Office for the District of Hawaii; and (2) immediately file proof of such service. Counsel for Respondents shall promptly enter notices of appearance in this case. As soon as counsel for Respondents have filed such notices, the courtroom manager will contact counsel to promptly schedule a status hearing. IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH) (ab) (Entered: 01/17/2026)
#13
Jan 21, 2026
CERTIFICATE OF SERVICE RESPONSE re 12 Link,,,,,, filed by Baifeng Wang, Bailin Wang, Baishen Wang, Jianqiang Wang, Meikun Zheng. (Hom, Sandy) Modified on 1/22/2026 (jni) (Entered: 01/21/2026)
Main Document: CERTIFICATE
#14
Jan 22, 2026
NOTICE of Appearance by Joseph Michael McGinley on behalf of Pam Bondi, Polly Kaiser, Kristi Noem on behalf of Pam Bondi, Polly Kaiser, Kristi Noem. (McGinley, Joseph) (Entered: 01/22/2026)
Main Document: NOTICE
Jan 22, 2026
ADVISORY ENTRY-No Identification of Person Filing Document- Please be advised that Document 13 Certificate of Service, does not include information that identifies the filer. The name, Hawaii bar identification number, address, telephone number, and email address of counsel (or, if pro se, of the party), and the specific identification of each party represented by name and interest in the litigation (e.g., plaintiff, defendant, etc.) shall appear in the upper left corner of the first page of each document presented for filing. See L.R. 10.2 (b). Every pleading shall also include a case caption, case number, and title. Please refer to LR 10.2(c), following the identification of the person filing the document there shall appear: (1) the title of the court; (2) the title of the action or proceeding; (3) the file number of the action or proceeding, whether it is civil or criminal, followed by the initials of the judge(s) assigned. Please include this information on future filings. (jni)
#15
Jan 23, 2026
EO: A Status Conference is set for Tuesday, January 27, 2026, at 1:30 P.M. via Video Conference before JUDGE MICAH W.J. SMITH. In advance of the conference, the courtroom manager will provide the participants with instructions to connect by video. (JUDGE MICAH W.J. SMITH) (ab) (Entered: 01/23/2026)
#16
Jan 27, 2026
SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by Baifeng Wang, Bailin Wang, Baishen Wang, Jianqiang Wang, Meikun Zheng . (Hom, Sandy) Modified on 1/28/2026 (jni) (Entered: 01/27/2026)
Main Document: SUPPLEMENTAL
#17
Jan 27, 2026
EP: VTC STATUS CONFERENCE held on 1/27/2026. Others Present: Wei Zhang, Esq. co-counsel for Petitioners. Discussion held. Pursuant to Dkt. No. 13 Certificate of Service the respondents were served on January 21, 2026. Mr. McGinley requested an extension to file a response. The court finds good cause to extend the deadline for Mr. McGinley to file a response to February 6, 2026. The court sets the following briefing schedule as to Dkt. No. 1 Emergency Motion for Temporary Restraining Order and Motion for Preliminary Injunction to Prevent Unlawful Immigration Detention; and Dkt. No. 6 Petition for Writ of Habeas Corpus: The government's response is due February 6, 2026. Hearing is set for Thursday, February 12, 2026, at 1:00 p.m. via Video Conference before JUDGE MICAH W.J. SMITH. In advance of the hearing, the courtroom manager will provide the participants with instructions to connect by video. The court directs the parties to meet and confer regarding proposed language for a temporary order and to transmit the proposed order by 12 p.m. Hawai'i Standard Time on January 28, 2026, to Smith_Orders@hid.uscourts.gov. The court intends to enter the order on the same day. Discussion held regarding effectuating service through Clerk of the Court under Rule 4 of the Rules Governing Section 2254 and Section 2254 Petitions. Government indicated a need to internally confer regarding service through Rule 4. (Reporter-Beth Krupa) (JUDGE MICAH W.J. SMITH) (ab) (Entered: 01/27/2026)
Main Document: EP:
#18
Jan 28, 2026
Letter regarding Joint Proposed Order Preserving the Status Quo received on January 28, 2026. (ab) (Entered: 01/28/2026)
Main Document: Letter
#19
Jan 28, 2026
Order
Main Document: Order
#20
Feb 06, 2026
RESPONSE re 11 Supplement, 6 PETITION FOR WRIT OF HABEAS CORPUS RESPONDENTS RETURN TO PETITION FOR WRIT OF HABEAS CORPUS AND SUPPLEMENTAL PETITION IN SUPPORT OF AN EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION [ECF Nos. 6 & 11]; DECLARATION OF STERLING KALANI OHIA; EXHIBITS AH; CERTIFICATE OF SERVICE filed by Pam Bondi, Polly Kaiser, Kristi Noem. (Attachments: # 1 Declaration OF STERLING KALANI OHIA, # 2 Exhibit "A", # 3 Exhibit "B", # 4 Exhibit "C", # 5 Exhibit "D", # 6 Exhibit "E", # 7 Exhibit "F", # 8 Exhibit "G", # 9 Exhibit "H")(McGinley, Joseph) (Entered: 02/06/2026)
Main Document: RESPONSE
#24
Feb 17, 2026
ORDER DENYING EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND MOTION FOR PRELIMINARY INJUNCTION re 1 - Signed by JUDGE MICAH W.J. SMITH on 2/17/2026.   For the foregoing reasons, the emergency motion for a tempo rary restraining order and motion for a preliminary injunction are DENIED. Furthermore, because the court has now resolved these motions for interim relief, the parties stipulated order preserving the status quo, Dkt. No. 19, is hereby LIFTED.(jni)
Main Document: Order on Motion for Preliminary Injunction AND Order on Motion for TRO
Feb 18, 2026
Order on Motion to Amend/Correct

Parties

Kaiser
Party
Wang
Party