Western District of New York • 1:26-cv-00364

#1

Mar 02, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5735804.), filed by Zhong Hua Xu. (Attachments: # 1 Civil Cover Sheet)(Wang, Zhou) (Entered: 03/02/2026)

#2

Mar 02, 2026

Original Summons Filed. (Wang, Zhou) (Entered: 03/02/2026)

#3

Mar 03, 2026

TEXT ORDER re 1 Petition. The Court directs counsel to meet and confer on or before March 6, 2026, to reach an agreement on a briefing schedule for this matter and to advise the Court by that date. If the parties cannot agree, they may submit competing proposals on or before the same date. The submissions should be made by letter and shall be filed on the docket. Absent submission(s) in accordance with this Text Order, the Court will sua sponte set the briefing schedule. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers.In addition, the Court temporarily enjoins Respondents from transferring Petitioner outside this District pending a resolution of the petition because the Court finds that Petitioner's presence in the District is necessary to support the Court's resolution of the issues in the petition, including because it will enable Petitioner to fully participate in these proceedings and maintain adequate access to legal counsel. See 28 U.S.C. § 2243 ("Unless the application for the writ and the return present only issues of law the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained. The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts."). This temporary order extends to the transfer of Petitioner outside the country so as to maintain the status quo and solely so that the Court can make an informed decision about its authority to issue relief and whether any relief that it has the power to issue should be granted.Further, the Clerk's Office is directed to serve a copy of the petition 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. Signed by Hon. Elizabeth A. Wolford on 03/03/2026. (JKS)Clerk to Follow up (Entered: 03/03/2026)

Mar 03, 2026

Remark: Clerk served a copy of the petition and the Text Order (Dkt. 3) 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. (DDS)

Mar 03, 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. 636c 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. (DDS)

Mar 03, 2026

Case assigned to Hon. Elizabeth A. Wolford. Notification to chambers of online case opening. (DDS)