District of Minnesota • 0:26-cv-01548

#1

Feb 20, 2026

PETITION for Writ of Habeas Corpus (filing fee $ 5, receipt number AMNDC-12708206) filed by Tong Xiong. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet) (Suitor, Daniel) (Entered: 02/20/2026)

#2

Feb 20, 2026

(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Jeffrey M. Bryan per 3rd/4th Prisoner Alien Detainee Habeas list, referred to Magistrate Judge Elizabeth Cowan Wright. Please use case number 26-cv-1548 (JMB/ECW).Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (MMP) (Entered: 02/20/2026)

#3

Feb 20, 2026

(Text-Only) ORDER: Respondents are ordered to file a response to each count of the Petition for Writ of Habeas Corpus 1 on or before February 23, 2026, at 11:00 a.m. CT, certifying the true cause and proper duration of Petitioner's confinement and showing cause as to why the writ should not be granted in this case. The response should include a reasoned memorandum of law and fact as well as any supporting documentation relating to the lawfulness of Petitioner's arrest and/or continued confinement, including the following: (1) a statement concerning immigration court jurisdiction over Petitioner; (2) a statement concerning whether Petitioner belongs to a class of persons currently detained pending removal or deportation; and (3) a statement concerning whether the absence of a warrant preceding Petitioner's arrest necessitates Petitioner's immediate release. Ordered by Judge Jeffrey M. Bryan on 2/20/2026. (CRD) (Entered: 02/20/2026)

#4

Feb 20, 2026

(Text-Only) ORDER: The Court enters the following order to remain in place until further order of the Court or until the Court has issued a ruling on the pending Petition: (1) Respondents are temporarily restrained and enjoined from moving the Petitioner out of the District of Minnesota; (2) Respondents shall facilitate Petitioner's prompt access to counsel through private, in-person visitation or videoconference if possible (and through private telephone calls if video conferencing is not possible), to include providing Petitioner with contact information for counsel of record, permitting Petitioner to contact friends or relatives for the purpose of obtaining contact information for counsel, and the use of video conferencing equipment and software (or the use of a telephone if video conferencing is not possible); (3) Respondents shall preserve all personal belongings confiscated from Petitioner for prompt return to Petitioner upon release should the Court grant the Petition; (4) if any confiscated documentation is subject to retention by Respondents upon release, Respondents shall make certified copies of any and all such documentation; and (5) should Respondents choose to release Petitioner rather than respond, Respondents shall release Petitioner in Minnesota, without conditions, and Respondents' counsel shall thereafter file a declaration within 24 hours of release stating when and where the Petitioner was released, attaching any and all documentation concerning the Petitioner's release, and affirming that all property of Petitioner was returned to Petitioner upon release (or, if property is retained, state which property is retained, the legal basis for its retention, and affirm that Respondents duly provided Petitioner with certified copies of any and all immigration-related documentation). In the event that Respondents have already transferred Petitioner out of the District of Minnesota, Respondents are ordered to return Petitioner to Minnesota as soon as possible and in any event, no later than February 23, 2026, at 11:00 a.m. CT. Respondents further ordered to file a declaration on or before February 23, 2026, at 11:00 a.m. CT pursuant to 28 U.S.C. § 1746 by an individual with personal knowledge that includes the following: (1) a list of all officers and employees of Respondents who authorized Petitioner's transfer outside of the District of Minnesota; (2) the time and date when the decision was made to transfer Petitioner outside of the District; (3) the specific basis for transferring Petitioner outside the District; (4) a list of all officers and employees of Respondents who carried out the transportation orders, including any and all persons who accompanied Petitioner; (5) the precise date and time for all interstate transportation of Petitioner, including any transport logs and passenger manifests as well as records of communications with private airlines or contractors; (6) all directives, guidance, and memoranda sent from or received by any named Respondent concerning transportation of detained persons out of Minnesota since December 1, 2025; and (7) a detailed explanation of what specific efforts Respondents have taken to return Petitioner to Minnesota as ordered by the Court. If Respondents never transported Petitioner out of the District of Minnesota, the declaration should confirm that fact. In addition, if Respondents have already transferred Petitioner out of the District of Minnesota, counsel for Respondents shall file a declaration on or before February 23, 2026, at 11:00 a.m. CT explaining the steps counsel has taken to ensure compliance with this Court's order that Respondents immediately return Petitioner to Minnesota. Violation of this order will result in consideration of any appropriate sanctions against the attorneys of record and the parties responsible for violating this order. Ordered by Judge Jeffrey M. Bryan on 2/20/2026. (CRD) (Entered: 02/20/2026)

Feb 20, 2026

Briefing Order

Feb 20, 2026

Order/Notice to Attorney

#5

Feb 23, 2026

NOTICE of Appearance by David R. Hackworthy on behalf of David Easterwood, Todd M. Lyons, Kristi Noem. (Hackworthy, David) (Entered: 02/23/2026)

#6

Feb 23, 2026

MEMORANDUM AND OPINION: The Petition (Doc. No. 1 ) is GRANTED in part and DENIED in part. Respondents are ORDERED to release Petitioner from custody immediately in Minnesota, subject to and in accordance with the conditions in his preexisting Order of Supervision, no later than 4:00 p.m. CST on February 24, 2026. On or before 11:00 a.m. CT on February 25, 2026, counsel for Respondents shall file a letter affirming that Petitioner was released from custody in Minnesota without conditions in accordance with this Order. Counsel shall also file a declaration on or before 11:00 a.m. CT on February 25, 2026, pursuant to 28 U.S.C. § 1746 by an individual with personal knowledge that states when and where the Petitioner was released, attaches any and all documentation concerning the Petitioner's release, and affirms that all property of Petitioner was returned to Petitioner upon release (or, if property is retained, state which property is retained, the legal basis for its retention, and affirm that Respondents duly provided Petitioner with certified copies of any and all immigration-related documentation). To the extent Petitioner seeks relief beyond an order requiring release or an order requiring a bond hearing, the Petition is DENIED. Signed by Judge Jeffrey M. Bryan on 2/23/2026. (CRD) (Entered: 02/23/2026)

#7

Feb 23, 2026

Judgment (Clerk's Office Only)

#8

Feb 24, 2026

(Text-Only) ORDER TO SHOW CAUSE: Respondents are in violation of the Court's Order 4 requiring them to file a declaration on or before February 23, 2026, at 11:00 a.m. CT, by an individual with personal knowledge that includes information about Petitioner's transfer. By February 26, 2026, at 11:00 a.m. CT, Respondents shall file a declaration pursuant to 28 U.S.C. § 1746 by an individual with personal knowledge that includes the following: (1) a list of all officers and employees of Respondents who authorized Petitioner's transfer outside of the District of Minnesota; (2) the time and date when the decision was made to transfer Petitioner outside of the District; (3) the specific basis for transferring Petitioner outside the District; (4) a list of all officers and employees of Respondents who carried out the transportation orders, including any and all persons who accompanied Petitioner; (5) the precise date and time for all interstate transportation of Petitioner, including any transport logs and passenger manifests as well as records of communications with private airlines or contractors; (6) all directives, guidance, and memoranda sent from or received by any named Respondent concerning transportation of detained persons out of Minnesota since December 1, 2025; and (7) a detailed explanation of what specific efforts Respondents have taken to return Petitioner to Minnesota as ordered by the Court. If Respondents never transported Petitioner out of the District of Minnesota, the declaration should confirm that fact. Signed by Judge Jeffrey M. Bryan on 2/24/2026. (CRD) (Entered: 02/24/2026)

Feb 24, 2026

Order to Show Cause

#9

Feb 25, 2026

STATUS REPORT by David Easterwood, Todd M. Lyons, Kristi Noem. (Hackworthy, David) (Entered: 02/25/2026)

#10

Feb 25, 2026

DECLARATION of James L. Van Der Vaart re 9 Status Report by David Easterwood, Todd M. Lyons, Kristi Noem . (Hackworthy, David) (Entered: 02/25/2026)

#11

Feb 27, 2026

(Text-Only) ORDER TO SHOW CAUSE: Respondents have failed to comply with the Court's Order(s) requiring Respondents to return all property of Petitioner or with the Court's Order(s) requiring Respondents to affirm that all property of Petitioner was returned to Petitioner. Respondents or their agent(s) are ORDERED to immediately return all property of Petitioner in their possession, custody, or control to Petitioners counsel. If Respondents or their agents confiscated any documentation from Petitioner that is subject to retention by Respondents or their agent(s) after Petitioner's release, Respondents or their agent(s) shall immediately make certified copies of any and all such documentation and provide the certified copies to Petitioner's counsel. On or before March 4, 2026, at 11:00 a.m. CT., Respondents are ORDERED to file a declaration by an individual with personal knowledge pursuant to 28 U.S.C. § 1746 confirming that all property of Petitioner was returned to Petitioner and attaching documentation of that fact. If any confiscated documentation was subject to retention by Respondents or their agent(s) after release, the declaration shall identify each item that was retained and confirm that Respondents have provided certified copies of any and all such documentation to Petitioner or Petitioner's counsel. To address any future noncompliance with this Order, the Court will consider imposition of coercive monetary penalties and any other measures within the Court's authority. Signed by Judge Jeffrey M. Bryan on 2/27/2026. (LC1) (Entered: 02/27/2026)

#12

Feb 27, 2026

(Text-Only) ORDER TO SHOW CAUSE: Respondents have failed to clearly establish that Petitioner was released only on his preexisting conditions of release, thereby violating the Court's Order 6 requiring release without any new or additional conditions.On or before March 6, 2026, at 11:00 a.m. CT., Respondents are ORDERED to file a declaration by an individual with personal knowledge pursuant to 28 U.S.C. § 1746 confirming that Petitioner was released without any additional conditions and attaching documentation of that fact. To address any future noncompliance with this Order, the Court will consider imposition of coercive monetary penalties and any other measures within the Court's authority.Signed by Judge Jeffrey M. Bryan on 2/27/2026. (LC1) (Entered: 02/27/2026)

Feb 27, 2026

Order to Show Cause

#13

Mar 04, 2026

DECLARATION of Geneva A. Balencia by David Easterwood, Todd M. Lyons, Kristi Noem . (Attachments: # 1 Exhibit)(Hackworthy, David) (Entered: 03/04/2026)

#14

Mar 09, 2026

Order to Show Cause

#15

Mar 12, 2026

NOTICE of Appearance by Daniel N Rosen on behalf of David Easterwood, Todd M. Lyons, Kristi Noem. (Rosen, Daniel) (Entered: 03/12/2026)

#16

Mar 12, 2026

MOTION to Disqualify District Judge filed by David Easterwood, Todd M. Lyons, Kristi Noem. (Rosen, Daniel) (Entered: 03/12/2026)

#17

Mar 12, 2026

MEMORANDUM in Support re 16 MOTION to Disqualify District Judge filed by David Easterwood, Todd M. Lyons, Kristi Noem. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Rosen, Daniel) (Entered: 03/12/2026)

#18

Mar 12, 2026

MEET and CONFER STATEMENT re 16 Motion to Disqualify District Judge filed by David Easterwood, Todd M. Lyons, Kristi Noem.(Rosen, Daniel) (Entered: 03/12/2026)

#19

Mar 12, 2026

NOTICE OF HEARING ON MOTION 16 MOTION to Disqualify District Judge : Date and time to be determined. (Rosen, Daniel) (Entered: 03/12/2026)

#20

Mar 12, 2026

PROPOSED ORDER TO JUDGE re 16 MOTION to Disqualify District Judge filed by David Easterwood, Todd M. Lyons, Kristi Noem.(Rosen, Daniel) (Entered: 03/12/2026)

#23

Mar 13, 2026

Order on Motion to Disqualify District Judge

Mar 13, 2026

Order Cancelling Deadline & Hearing