District of Massachusetts • 1:26-cv-11434

#1

Mar 25, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11633975 Fee status: Filing Fee paid., filed by Ting Zhang. (Attachments: # 1 Exhibit 1 (Release Notification), # 2 Exhibit 2 (Order of Supervision), # 3 Exhibit 3 (Notice of Revocation), # 4 Exhibit 4 (Congressional Report), # 5 Exhibit 5 (Rep. Roy Letter), # 6 Civil Cover Sheet, # 7 Category Form)(Ho, Thao) (Entered: 03/25/2026)

#2

Mar 25, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (NMC) (Entered: 03/25/2026)

#3

Mar 25, 2026

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) (Entered: 03/25/2026)

#4

Mar 25, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241) and 3 Order mailed to Joseph D. McDonald, Antone Moniz, Pamela Bondi, Kristi L. Noem, David Wesling, U.S. Department of Homeland Security, Todd M Lyons, on 3/25/2026. (JAM) (Entered: 03/25/2026)

Mar 25, 2026

Copy Mailed

Mar 25, 2026

Notice of Case Assignment

#5

Apr 01, 2026

Notice of Appearance

#6

Apr 01, 2026

Answer/Response to Petition for Writ of Habeas Corpus - 2241

#7

Apr 02, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 6 Response to Petition for Writ of Habeas Corpus. Any reply from petitioner is due no later than April 9, 2026. (RGS, law3) (Entered: 04/02/2026)

#8

Apr 02, 2026

Appear Pro Hac Vice

#9

Apr 02, 2026

Appear Pro Hac Vice

Apr 02, 2026

Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear

Apr 02, 2026

Order

#11

Apr 09, 2026

Answer/Response to Petition for Writ of Habeas Corpus - 2241

#12

Apr 09, 2026

Notice of Appearance

#13

Apr 09, 2026

Notice of Appearance

#14

Apr 10, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered. The February 10, 2016 Release Notice to petitioner Ting Zhang does not specify the basis for his release. In the absence of an indication that his release was premised on a finding that removal was not significantly likely in the reasonably foreseeable future (e.g., because the government had not been able to effect his removal), his release is seemingly governed by 8 C.F.R. § 241.4, which broadly authorizes ICE to re-detain a noncitizen where, as here, it determines that "[t]he purposes of release have been served" This finding does not, however, end the court's analysis. His release having been revoked, petitioner is now being detained under 8 U.S.C. § 1231(a)(6). In Zadvydas v. Davis, 533 U.S. 678 (2001), the Supreme Court read an implicit limitation into § 1231(a)(6) that any post-removal period detention may not exceed the "period reasonably necessary to bring about that alien's removal from the United States." Id. at 689. Detention is only permissible "until it has been determined that there is no significant likelihood of removal in the reasonably foreseeable future." Id. Here, petitioner has, cumulatively, been detained for more than 380 days -- well beyond the six month presumptively reasonable period -- and nothing in the record indicates he is likely to be removed any time soon. At best, the government notes that it recently submitted a new request for travel documents to the Chinese government and that the Chinese government has granted at least some other requests in purportedly similar cases. But the government does not explain how these other cases are similar or why the grant of travel documents there makes a grant likely here. It also does not provide any timeline in which a grant is expected to happen, such that removal could be considered likely in the reasonably foreseeable future. The court accordingly ORDERS that ICE release petitioner from custody under the terms and conditions previously in effect, see Dkt # 1-2, by close of business on Monday, April 13, 2026. The government shall file a certification of compliance with the court's order by April 14, 2026.(RGS, law3) (Entered: 04/10/2026)

Apr 10, 2026

Order