Southern District of New York • 1:26-cv-02654

#1

Mar 31, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32631791) Document filed by Fengqi Yan..(Wasserman, Jed) (Entered: 03/31/2026)

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Mar 31, 2026

CIVIL COVER SHEET filed..(Wasserman, Jed) (Entered: 03/31/2026)

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Mar 31, 2026

ORDER: On March 31, 2026, Petitioner Fengqi Yan filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. See ECF No. 1. The parties shall appear for a case management conference on April 6, 2026 at 10:00 a.m. The conference will take place by telephone. The Court will provide dial-in information in a separate order prior to the conference. No later than 10:00 p.m. today, March 31, 2026, Petitioner's counsel shall (1) serve Respondents with a copy of the Petition and accompanying papers, along with a copy of this Order, by e-mail to the United States Attorney's Office for the Southern District of New York at Jeffrey.Oestericher@usdoj.gov and by overnight mail and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. (And as further set forth herein.) SO ORDERED. (Telephone Conference set for 4/6/2026 at 10:00 AM before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 3/31/2026) (jca) (Entered: 03/31/2026)

Mar 31, 2026

Case Opening Initial Assignment Notice

Mar 31, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)

Mar 31, 2026

Case Designated ECF. (jgo)

Mar 31, 2026

Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

#4

Apr 01, 2026

CERTIFICATE OF SERVICE of Petition for Habeas Corpus; Order to Show Cause served on United States Attorneys Office for the Southern District; Respondents on 3/31/2026; 04/01/2026. Service was made by EMAIL / MAIL. Document filed by Fengqi Yan. (Attachments: # 1 Supplement Proof of Service).(Wasserman, Jed) (Entered: 04/01/2026)

#5

Apr 03, 2026

Notice of Appearance

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Apr 03, 2026

Letter

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Apr 06, 2026

1 - Terminate Deadlines and Hearings AND Memo Endorsement

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Apr 29, 2026

Temporary Restraining Order

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Apr 29, 2026

ORDER By 12:00 p.m. on April 30, 2026, Respondents shall file a letter stating their position with respect to Petitioner's Emergency Motion for a Temporary Restraining Order and Preliminary Injunction, ECF No. 8. The letter shall address the impact of Cunha v. Freden, No. 25-3141 (2d Cir. Apr. 28, 2026), on this case and whether, in Respondents' view, a bond hearing, immediate release, or other remedy is appropriate. Respondents' letter shall also include a joint proposal from the parties regarding next steps. SO ORDERED. (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) (jtr) (Entered: 04/29/2026)

Apr 29, 2026

Order

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Apr 30, 2026

Notice of Appearance

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Apr 30, 2026

Response in Opposition to Motion

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Apr 30, 2026

Response in Support of Motion

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Apr 30, 2026

ORDER By May 4, 2026, Petitioner shall file a letter responding to the Government's submission, ECF No. 11, and reporting the outcome of Petitioner's May 1, 2026 individual merits hearing. The letter shall also address the parties' joint proposal as to next steps, including whether Petitioner seeks to amend the petition or withdraw the TRO, ECF No. 8. SO ORDERED. (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) (jtr) (Entered: 04/30/2026)

Apr 30, 2026

Order

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May 04, 2026

Internet Citation

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May 04, 2026

Internet Citation

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May 04, 2026

Response in Support of Motion

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May 06, 2026

ORDER By May 8, 2026, Respondents shall file a response to Petitioner's argument that "he should not be considered to be subject to [Section 1226(c)'s] mandatory detention provision." ECF No. 12 at 1-2. Respondents shall specifically address the New York County District Attorney's letter dated January 2, 2026, see ECF No. 12-1 at 5 (stating that, "[o]n 12/26/2025... [the] District Attorney's Office declined to prosecute" Petitioner for the "Original Charge(s)" of "PL 155.25, [and] PL 165.40"), and shall discuss the following cases, as well as any other relevant authorities: H.A. v. Genalo, No. 26 Civ. 2706 (AT), 2026 WL 1159512, at *3-4 (S.D.N.Y. Apr. 28, 2026) ("[A]lthough detention remains mandatory if charges are filed,... it is no longer required if charges are dropped or if a person is acquitted." (internal quotations omitted)); Guzman v. Arteta, No. 26 Civ. 2808 (DEH), 2026 WL 1045920, at *3, 4 (S.D.N.Y. Apr. 16, 2026) (similar) ("Under common usage of the English language, if criminal charges against someone have been dropped, we would not continue to say the person is 'charged with' that crime, present tense.") (quoting Helbrum v. Williams Olson, No. 25 Civ. 349, 2025 WL 2840273, at *56 (S.D. Iowa Sep. 30, 2025)); Sidqui v. Almodovar, No. 25 Civ. 9349, 2026 WL 251929 (VSB), at *12 (S.D.N.Y. Jan. 30, 2026) ("[The Court] asked the Government at the OTSC Hearing whether they are aware of any case 'where the immigration authorities were basing the arrest on the fact that someone was arrested and charged, although those charges had been previously dismissed... and the Government confirmed that it was 'not aware of any cases discussing that scenario.'"); Rueda Torres v. Francis, No. 25 Civ. 8408 (DEH), 2025 WL 3168759, at *5 (S.D.N.Y. Nov. 13, 2025) ("[T]he text of § 1226(c)(1)(E)(ii) does not provide for mandatory detention where, as here, charges have been dropped." (citing Aguilar Lares v. Bondi, No. 25 Civ 01562, Mem. Op. & Order, ECF No. 18 at *9 (E.D. Va. Oct. 29, 2025) ("The plain language makes clear that detention is not mandatory if the criminal charges have been dismissed."))). (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) (jtr) (Entered: 05/06/2026)

May 06, 2026

Order

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May 08, 2026

Letter

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May 19, 2026

Letter