Eastern District of New York • 1:25-cv-01554

#1

Mar 20, 2025

Petition for Writ of Habeas Corpus

#2

Mar 21, 2025

Summons Issued as to USA

#3

Mar 21, 2025

Quality Control Check - Attorney Case Opening

Mar 21, 2025

Order to Show Cause (Federal)

Mar 21, 2025

Case Assigned/Reassigned

Mar 21, 2025

Case Assigned to Judge Carol Bagley Amon. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SDM)

Mar 21, 2025

ORDER TO SHOW CAUSE: Petitioners seek a "writ of habeas corpus and [a] writ of mandamus." Their habeas corpus claim challenges the detention of Petitioner Zhu. Petitioners plead that as of the time of filing, Petitioner Zhu is detained in Virginia. "[F]or core habeas petitions challenging present physical confinement, jurisdiction lies in only one district: the district of confinement" at the time of filing. Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004); see Khalil v. Joyce, No. 25-CV-1935 (JMF), 2025 WL 849803, at *13 (S.D.N.Y. March 19, 2025) (transferring petitioner's immigration detention suit from the Southern District of New York to the District of New Jersey because the petitioner was detained in New Jersey at the time of filing). A district court may transfer a case sua sponte and before any defendant has appeared. See, e.g., Shalto v. Broadway Barbers LIC Inc., No. 24-CV-795 (PAE) (BCM), 2024 WL 839050, at *2 (S.D.N.Y. Feb. 28, 2024). Moreover, even if venue is proper for a portion of a petitioners claims, the district court may transfer the entire suit in the interests of efficiency and justice. See Khalil, 2025 WL 849803, at *13. By Wednesday, March 26, 2025, Petitioners shall show cause as to why I should not transfer Petitioners' suit to the appropriate Virginia district court. In their filing, Petitioners shall inform me of the judicial district in which Petitioner Zhu is currently detained.Ordered by Judge Carol Bagley Amon on 3/21/2025. (HBS)

#4

Mar 26, 2025

Extension of Time to File Document

Mar 27, 2025

Order on Motion for Extension of Time to File

Mar 27, 2025

ORDER granting 4 Motion for Extension of Time to File. Petitioners shall show cause as to why the Court should not transfer this case to a Virginia district court and inform the Court as to the judicial district in which Petitioner Zhu was detained at the time of filing this petition by 3/31/2025. Ordered by Judge Carol Bagley Amon on 3/27/2025. (HBS)

#5

Mar 31, 2025

Amended Complaint

#6

Mar 31, 2025

Affidavit in Opposition

#7

Apr 10, 2025

Expedite

Apr 10, 2025

ORDER: The Court is in receipt of Petitioners' response to its March 21, 2025 order to show cause. The Court does not intend to rule on whether to transfer this action until it considers the Government's view on this issue. Petitioners have not yet served process upon the named governmental defendants. Petitioners shall promptly serve those defendants so that the Court can solicit the Government's position on whether to transfer this case to the Western District of Virginia. Ordered by Judge Carol Bagley Amon on 4/10/2025. (HBS)

Apr 10, 2025

Order on Motion to Expedite

#8

Apr 14, 2025

Notice of Appearance

Apr 14, 2025

ORDER: By April 21, 2025, the Government shall submit a letter providing its position on the issue raised by the Court's March 21, 2025 order to show cause. Specifically, the Government shall tell the Court whether it believes that it would be appropriate for the Court to transfer Petitioner's suit to the Western District of Virginia, given that Petitioner was detained in that district at the time of filing. Ordered by Judge Carol Bagley Amon on 4/14/2025. (HBS)

Apr 14, 2025

Order(Other)

#9

Apr 21, 2025

Letter

Apr 22, 2025

Order(Other)

Apr 22, 2025

ORDER: Pursuant to 28 U.S.C. § 1406(a), I transfer Petitioners' habeas claim to the Eastern District of Virginia. Jurisdiction over this claim lies in that district since Petitioner Zhu was detained there at the time of filing this action. See Rumsfeld v. Padilla, 542 U.S. 425, 443 (2004). This is so even though Zhu challenges his prospective removal along with his detention. See Khalil v. Joyce, No. 25-cv-1935 (JMF), 2025 WL 849803, at *1, *11 (S.D.N.Y. March 19, 2025) (applying the immediate-custodian rule where a petitioner sought "an order directing his release from detention and setting aside the Secretary of State's determination" that he should be removed). Petitioners' mandamus claim was properly brought in this District, so I do not transfer it. See Pence v. Gee Grp., Inc., 236 F. Supp.3d 843, 853-57 (S.D.N.Y. 2017) (analyzing the propriety of transfer on a claim-by-claim basis). I grant the Government's request for an extension to respond to this claim until June 13, 2025, and I sever the mandamus claim from the habeas claim so that Petitioners can advance all of their claims in the appropriate judicial district. See Wyndham Assocs. v. Bintliff, 398 F.2d 614, 618 (2d Cir. 1968) (discussing severance as a prerequisite to transferring a portion of a plaintiff's claims). I respectfully direct the Clerk of Court to transfer Petitioners' habeas claim to the Eastern District of Virginia. Given Petitioner Zhu's current detention, the Clerk of Court shall promptly transfer the claim notwithstanding the ordinary seven-day delay set out in Local Civil Rule 83.1. Ordered by Judge Carol Bagley Amon on 4/22/2025. (HBS)

May 14, 2025

Incorrect Case-Document Information

May 14, 2025

Case Transferred Out - District Transfer

May 14, 2025

Incorrect Entry Information: This case was closed in error, please disregard. The Petitioner's mandamus claim is proceeding before this Court. (TLH)

#10

May 22, 2025

Expedite

May 28, 2025

Case transferred from New York Eastern has been opened in Eastern District of Virginia - as case 3:25-cv-00392, filed 05/27/2025. (TLH)

May 28, 2025

Transfer Case Opened

#11

Jun 11, 2025

Stipulation of Dismissal

Jun 12, 2025

Civil Case Terminated. (EF)

Jun 12, 2025

~Util - Terminate Civil Case