Eastern District of New York • 2:26-cv-02409

#1

Apr 22, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20141200, filed by Yi Lin. Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: # 1 Civil Cover Sheet) (Wasserman, Jed) Modified on 4/23/2026 (LJ). (Entered: 04/22/2026)

#2

Apr 23, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 04/23/2026)

#3

Apr 23, 2026

ORDER TO SHOW CAUSE: Upon review of Petitioner Yi Lin's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, (Dkt. 1), it is hereby ordered that: 1. Respondents shall, by 6:00 p.m. on April 30, 2026, show cause in writing why a writ of habeas corpus should not be issued and why Petitioner should not be immediately released. See 28 U.S.C. § 2243. If Respondents contend that Petitioner is detained under a statute other than 8 U.S.C. § 1226(a), their response must state what facts, if any, distinguish Petitioner's case from the vast majority of district court cases that have disagreed with Respondents' contention. See Barco Mercado v. Francis, 811 F. Supp. 3d. 487, 494, 506 (S.D.N.Y. Nov. 26, 2025) (collecting cases). In particular, Respondents are directed to state what distinguishes Petitioner's case from the numerous other cases in which the petitioner, who had resided in the United States after entering without inspection, was found to be improperly detained under 8 U.S.C. § 1225(b)(2). (Pet., Dkt. 1, ¶¶ 45, 52); Padilla Molina v. DeLeon, No. 25-CV-6526 (JMA), 2025 WL 3718728, at *3 (E.D.N.Y. Dec. 23, 2025) (compiling cases); O.F.C. v. Almodovar, No. 25-CV-9816 (LJL), 2026 WL 74262, at *5 (S.D.N.Y. Jan. 9, 2026) (explaining that courts have consistently found that § 1226(a) applies to noncitizens who entered without inspection and were later apprehended within the country).2. To preserve the Court's jurisdiction pending a ruling on the Petition, Respondents are restrained from removing Petitioner from the United States until further order of this Court. See M.K. v. Joyce, No. 25-CV-1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (collecting cases ordering same).3. Furthermore, considering Petitioner's interest in participating in proceedings before this Court and maintaining adequate access to legal counsel, Respondents are restrained from transferring Petitioner to a facility outside of this District, the Southern District of New York, or the District of New Jersey absent further order of this Court. See Samb v. Joyce, No. 25-CVi6374 (DEH) (S.D.N.Y. Aug. 4, 2025) (Dkt. 3) (collecting cases ordering same); 28 U.S.C. § 1651(a) (empowering courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"). Ordered by Judge Pamela K. Chen on 4/23/2026. (ABB) (Entered: 04/23/2026)

Apr 23, 2026

Case Assigned/Reassigned

Apr 23, 2026

A summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (LJ)

Apr 23, 2026

Case Assigned to Judge Pamela K. Chen. 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. (LJ)

Apr 23, 2026

Quality Control Check - Summons

#4

Apr 30, 2026

Response to Order to Show Cause

#5

May 01, 2026

Reply in Support

May 01, 2026

Memorandum & Opinion

May 01, 2026

MEMORANDUM AND ORDER: For the reasons stated in the attached Memorandum and Order, the Court grants the petition for writ of habeas corpus, (Pet., Dkt. 1). Respondents are directed to release Petitioner from custody immediately and no later than by Monday, May 4, 2026, at noon. Respondents are further directed to return to Petitioner any and all funds or property seized from Petitioner at the time of his arrest. Respondents are directed to certify compliance with the Court's Order by filing a letter on the docket no later than 5:30 p.m. on May 4, 2026. The Court further orders that Respondents may not administratively recharacterize the release granted by this Order as grounds to impose conditions or re-impose existing conditions in conjunction with release (including release on recognizance or similar instruments), without prior notice to and authorization from the Court, or absent a new and independently lawful custody decision properly executed under the law. Petitioner must not be re-detained by Respondents without notice and an opportunity to be heard at a pre-deprivation bond hearing before a neutral decisionmaker, at which Respondents will have the burden of showing that Petitioner's re-detention is authorized under Section 1226(a). Petitioner's deadline to apply for fees under the Equal Access to Justice Act is due within 30 days of a final judgment in this action, which, if Respondents do not appeal, is July 30, 2026. 28 U.S.C. § 2412(d)(1)(B). The Clerk of Court is respectfully directed to enter judgment consistent with this Order and close this case. Ordered by Judge Pamela K. Chen on 5/1/2026. (ABB)

#6

May 04, 2026

Judgment - Clerk

#7

May 04, 2026

Letter