District of New Jersey • 1:26-cv-00791

#1

Jan 20, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32288537) Document filed by Hehai Bai..(Shao, Aileen) (Entered: 01/20/2026)

#2

Jan 20, 2026

CIVIL COVER SHEET filed. (Attachments: # 1 Supplement AO 242 Habeas Corpus Petitiono).(Shao, Aileen) (Entered: 01/20/2026)

#3

Jan 21, 2026

NOTICE of Consent and Reference to Magistrate Judge. Document filed by Hehai Bai..(Shao, Aileen) (Entered: 01/21/2026)

#4

Jan 21, 2026

NOTICE OF CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for a conference with the Court on January 28, 2026 at 1:00 p.m. in Courtroom 905 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Respondents are ORDERED to Show Cause why the Petition for Writ of Habeas Corpus should not be granted by Saturday, January 24, 2026. See 28 U.S.C. § 2243. If Respondents take the position that the outcome of this Petition is controlled by Lopez Benitez v. Francis, 795 F. Supp. 3d 475 (S.D.N.Y. 2025), then their submission may take the form of a letter conceding that point. See Goorakani v. Lyons, --- F. Supp. 3d ---, 2025 WL 3632896, at *6-7 (S.D.N.Y. Dec. 15, 2025). Petitioner shall have an opportunity to reply, if necessary, by Monday, January 26, 2026. By today, January 21, 2025, Petitioner's counsel is DIRECTED (1) to serve Respondents with a copy of the Petition and accompanying papers, along with a copy of this Order, by e-mail to the United States Attorney's Office for the Southern District of New York at Jeffrey.Oestericher@usdoj.gov and by overnight mail, and (2) to promptly file proof of such service in the docket. Counsel for Respondents shall promptly enter notices of appearance. In light of Petitioner's interests in participating in further proceedings before this Court and in maintaining adequate access to legal counsel through these proceedings, it is further ORDERED that Petitioner shall not be transferred 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. As further set forth in this Order. In accordance with the Court's Individual Rules and Practices, requests for an extension or adjournment may be made only by letter-motion filed on ECF and must be received at least 48 hours before the deadline or conference. The written submission must state (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (5) the date of the parties' next scheduled appearance before the Court. Unless counsel are notified that the conference has been adjourned, it will be held as scheduled. SO ORDERED(Show Cause Response due by 1/24/2026.) (Replies due by 1/26/2026.) (Show Cause Hearing set for 1/28/2026 at 01:00 PM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Dale E. Ho.) (Signed by Judge Dale E. Ho on 1/21/2026) (nm) (Entered: 01/21/2026)

#5

Jan 21, 2026

CERTIFICATE OF SERVICE of Conference Notice, Petition, and AO 242 served on Pamela Bondi on 01/21/2026. Service was accepted by Assistant US Attorney Jeffrey Stuart Oestericher, Attorney for Respondents. Service was made by MAIL. Document filed by Hehai Bai..(Shao, Aileen) (Entered: 01/21/2026)

Jan 21, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. 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 21, 2026

Case Designated ECF. (pc)

Jan 21, 2026

Magistrate Judge Gary Stein 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)

#6

Jan 24, 2026

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Pamela Jo Bondi, William Joyce, Todd M. Lyons, Kristi Noem..(Waterman, Brandon) (Entered: 01/24/2026)

#7

Jan 24, 2026

PROPOSED STIPULATION AND ORDER. Document filed by Pamela Jo Bondi, William Joyce, Todd M. Lyons, Kristi Noem..(Waterman, Brandon) (Entered: 01/24/2026)

Jan 25, 2026

CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey (tro)

#8

Jan 26, 2026

STIPULATION AND ORDER OF TRANSFER OF VENUE: that this action shall be an hereby is transferred to the U.S. District Court for the District of New Jersey, and that the seven-day waiting period in Local Civil Rule 83.1 is waived. The parties further agree to the continued imposition of the Court's restriction on transfer pending further order of the transferee court. All conferences and deadlines are CANCELLED. This Court's Initial Scheduling Order prohibited removal of Petitioner from the United States, or transfer of the Petitioner outside the Eastern District of New York, the Southern District of New York, or the District of New Jersey. See ECF No. 4. That directive remains in effect unless and until the transferee court orders otherwise. The Clerk of Court is respectfully directed to transfer this case to the District of New Jersey. (Signed by Judge Dale E. Ho on 1/25/2026) (tro) (Entered: 01/26/2026)

#9

Jan 26, 2026

Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:26-cv-00528. Original file certified copy of transfer order and docket sheet received. (Entered: 01/26/2026)

Jan 26, 2026

Judge Karen M. Williams added. (dmw)

Jan 26, 2026

Add and Terminate Judges

Jan 26, 2026

Case Transferred Out - District Court Transfer

#10

Jan 27, 2026

TEXT ORDER Petitioner alleges he is unlawfully detained under 8 U.S.C. § 1225. Under this Court's recent decisions inRivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)),Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), and other recent decisions in this District interpreting § 1225, the Court holds that Petitioner is subject to detention under§ 1226(a). It is ORDERED that, in accordance with 8 U.S.C. § 1226(a), no later than 5:00 p.m. on February 4, 2026, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether he presents a flight risk or a danger to the community. Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. If Respondents contend that Petitioner's detention is distinguishable from the cases in this district previously addressing §1225, they shall file an expedited answer by 12:00 p.m. on February 3, 2026, and Petitioner shall file a reply by 5:00 p.m. on February 3, 2026. Petitioner shall not be removed from the New Jersey during the pendency of these proceedings. So Ordered by Judge Karen M. Williams on 1/27/26. (nar) (Entered: 01/27/2026)

Jan 27, 2026

Order

#11

Feb 05, 2026

Substitution of Attorney

#12

Feb 05, 2026

Letter

#13

Feb 06, 2026

Letter

#14

Feb 09, 2026

TEXT ORDER: Upon review of the record, including Respondents' February 5, 2026 letter (ECF No. 12) and Petitioner's February 6, 2026 reply (ECF No. 13), the Court notes that its January 27, 2026 order (ECF No. 10) directed Respondents to provide Petitioner with an individualized bond hearing pursuant to 8 U.S.C. § 1226(a). Respondents' letter (ECF No. 12) and the Order of the Immigration Judge (ECF No. 12-1) reflect that the hearing conducted on February 4, 2026 was erroneously held under 8 C.F.R. § 1236, contrary to this Court's order. Petitioner's reply (ECF No. 13) further reflects that the hearing did not comport with the individualized review required under the Court's order. (ECF No. 10.) Accordingly, it is hereby ORDERED that Respondents shall provide Petitioner with a new bond hearing under 8 U.S.C. § 1226(a) no later than 5:00 p.m. on February 16, 2026. The hearing shall be conducted by an immigration judge who shall consider all relevant evidence, assess flight risk and danger to the community, and exercise discretion consistent with § 1226(a) with the burden of proof upon Respondents. Respondents shall file a written notice of the outcome of this hearing with the Court within three (3) days of its completion. The record shall reflect that the February 4, 2026 hearing did not satisfy the individualized hearing requirement under § 1226(a). So Ordered by Judge Karen M. Williams on February 9, 2026. (Williams, Karen) (Entered: 02/09/2026)

Feb 09, 2026

Text Order

#15

Feb 10, 2026

Letter

#16

Feb 13, 2026

Letter

#17

Feb 19, 2026

TEXT ORDER - The Court has reviewed Petitioner's request for costs and attorneys' fees as raised in the Petition. (ECF No. 1 at 20). The Court further notes Respondents' representation that, following the Court's February 9, 2026 Text Order directing a new bond hearing (ECF No. 14), the Immigration Judge ordered Petitioner released on a $20,000 bond (ECF No. 16). Accordingly, Respondents shall file any opposition to Petitioner's request for costs and attorneys' fees on or before February 25, 2026. Petitioner shall file any reply within three (3) business days of filing of Respondents' opposition. So Ordered by Judge Karen M. Williams on February 19, 2026. (Williams, Karen) (Entered: 02/19/2026)

#18

Feb 19, 2026

Letter

Feb 19, 2026

Text Order

#19

Feb 23, 2026

TEXT ORDER - In light of the Court's Order entered on February 9, 2026 (ECF No. 14), which ordered Respondents to provide Petitioner with a bond hearing pursuant to 8 U.S.C. § 1226(a), the Court finds that Petitioner has received the relief to which he was entitled. The Court has further reviewed Respondents' February 13, 2026 letter advising of the outcome of Petitioner's bond hearing (ECF No. 16) and the letter from Petitioner and Respondents jointly seeking to withdraw Petitioner's request for costs and attorneys' fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. (ECF No. 6-1). The Court is satisfied that its directives have been fulfilled. Accordingly, there remains no live controversy for adjudication. The Clerk of Court is directed to CLOSE this case. So Ordered by Judge Karen M. Williams on February 23, 2026. (Williams, Karen) (Entered: 02/23/2026)

Feb 23, 2026

Text Order