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

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

#4

Mar 05, 2026

NOTICE of Appearance by Daniel Barrie Moar on behalf of Todd Lyons, Tammy Marich, Kristi Noem (Moar, Daniel) (Entered: 03/05/2026)

#5

Mar 05, 2026

Letter filed by Todd Lyons, Tammy Marich, Kristi Noem . (Moar, Daniel) (Entered: 03/05/2026)

#6

Mar 05, 2026

TEXT ORDER re 5 Letter Proposing Briefing Schedule. The Court adopts the proposed briefing schedule submitted by the parties. Accordingly, Respondents' opposition to the petition is due on or before March 20, 2026. Petitioner's reply is due on or before March 31, 2026. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 03/05/2026. (JKS) (Entered: 03/05/2026)

#7

Mar 12, 2026

Letter filed by Zhong Hua Xu with supporting medical documents. (Wang, Zhou) (Entered: 03/12/2026)

#8

Mar 17, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Todd Lyons, Tammy Marich, Kristi Noem (Khalil, Adam) (Entered: 03/17/2026)

#9

Mar 17, 2026

MOTION to Vacate 1 Petition for Writ of Habeas Corpus, 3 Text Order,,,,,,,, Motion to Dissolve Temporary Restraining Order by Todd Lyons, Tammy Marich, Kristi Noem. (Attachments: # 1 Memorandum in Support, # 2 Declaration John Kloosterman, # 3 Exhibit A)(Moar, Daniel) (Entered: 03/17/2026)

#10

Mar 17, 2026

MOTION to Expedite Consideration of Motion to Dissolve TRO by Todd Lyons, Tammy Marich, Kristi Noem. (Attachments: # 1 Declaration John Kloosterman, # 2 Exhibit A, # 3 Text of Proposed Order)(Moar, Daniel) (Entered: 03/17/2026)

#11

Mar 18, 2026

TEXT ORDER granting 10 Motion to Expedite. Any opposition to Respondents' motion (Dkt. 9) to dissolve the temporary restraining order (Dkt. 3) and dismiss the petition (Dkt. 1) shall be filed on or before noon today, March 18, 2026. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 03/18/2026. (MGB) (Entered: 03/18/2026)

#12

Mar 18, 2026

RESPONSE in Opposition re 9 MOTION to Vacate 1 Petition for Writ of Habeas Corpus, 3 Text Order,,,,,,,, Motion to Dissolve Temporary Restraining Order filed by Zhong Hua Xu. (Wang, Zhou) (Entered: 03/18/2026)

#13

Mar 18, 2026

TEXT ORDER granting 9 motion to vacate temporary restraining order ("TRO"). The government represents that it requires the Court to lift the TRO preventing Petitioner's removal from this District (and corresponding removal from the country) in order to effectuate the final order of removal that was issued in this case. Petitioner opposes the requested relief. The law is clear that this Court lacks jurisdiction to review, directly or indirectly, a final order of deportation (and this extends to any stay of removal). Ceesay v. Kurzdorfer, 781 F. Supp. 3d 137, 151 (W.D.N.Y. 2025) (citations omitted). Therefore, while the Court issued the TRO to facilitate a resolution of the issues raised in the petition, and the Court further retains jurisdiction to address the underlying petition to the extent it seeks Petitioner's release from immigration custody, the Court does not have the power to grant the relief sought by Petitioner to prevent his removal and accordingly, the TRO is hereby vacated. Petitioner may be removed from this District and the country without violating any order of this Court. The briefing schedule previously issued by the Court (Dkt. 6) remains in place. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 03/18/2026. (MGB) (Entered: 03/18/2026)

#14

Mar 26, 2026

MEMORANDUM/BRIEF re 6 Text Order, Petitioner's brief in support of Habeas Corpus Petition by Zhong Hua Xu. (Attachments: # 1 Exhibit email record)(Wang, Zhou) (Entered: 03/26/2026)

#15

Mar 26, 2026

Letter filed by Todd Lyons, Tammy Marich, Kristi Noem . (Moar, Daniel) (Entered: 03/26/2026)

#16

Mar 26, 2026

TEXT ORDER. Respondents are required to provide a further status report on or before April 2, 2026. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 03/26/2026. (JKS) (Entered: 03/26/2026)

#29

Jul 20, 2026

DECISION AND ORDER granting motion to dismiss and dismissing petition without prejudice. Signed by Hon. Elizabeth A. Wolford on 07/20/2026. (MGB)Clerk to Follow up