Southern District of Mississippi • 5:25-cv-00127

#1

Oct 24, 2025

PETITION FOR WRIT OF HABEAS CORPUS against Xiaolong Pan ( Filing fee $ 5 receipt number ADCDC-12043338) filed by Xiaolong Pan. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Ye, Ning) (Attachment 1 replaced on 10/27/2025) (zmtm). [Transferred from District of Columbia on 11/12/2025.] (Entered: 10/24/2025)

Oct 27, 2025

NOTICE OF NEW CASE ERROR The following error(s) need correction: No signature - Civil Cover Sheet. Please file the signed document using the event Errata. All filings must have an original signature or /s/ Attorney Name to represent an electronic signature of the filer. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmtm) [Transferred from District of Columbia on 11/12/2025.]

#2

Oct 28, 2025

ERRATA by XIAOLONG PAN re 1 Petition for Writ of Habeas Corpus,. (Ye, Ning) [Transferred from District of Columbia on 11/12/2025.] (Entered: 10/28/2025)

Oct 29, 2025

Case Assigned to Judge Colleen Kollar-Kotelly. (zmtm) [Transferred from District of Columbia on 11/12/2025.]

#3

Oct 30, 2025

ORDER ESTABLISHING PROCEDURES FOR CIVIL CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 10/30/2025. (lcckk1) [Transferred from District of Columbia on 11/12/2025.] (Entered: 10/30/2025)

Nov 06, 2025

MINUTE ORDER: The 1 Petition in this matter alleges that the Petitioner, Xiaolong Pan, is currently detained at the Adams County Detention Center in Natchez, Mississippi. Pet. ¶ 10. Although the Petition asserts that venue is proper in this District because Respondent Secretary of Homeland Security Kristi Noem may be sued in her official capacity in the District of Columbia, Pet. ¶ 6, binding precedent holds that in a "core habeas" matter, "jurisdiction lies in only one district: the district of confinement." Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004); see also Trump v. J.G.G., 604 U.S. 670, 672 (2025) (concluding, in interim order, that venue was improper in the District of Columbia because petitioners were confined in Texas). To avoid any undue delay in the adjudication of this matter, it is ORDERED that the Petitioner, through counsel, shall SHOW CAUSE on or before November 10, 2025, why the 1 Petition should not be transferred to the U.S. District Court for the Southern District of Mississippi or, in the alternative, dismissed without prejudice for lack of proper venue. Signed by Judge Colleen Kollar-Kotelly on 11/06/2025. (lcckk1) [Transferred from District of Columbia on 11/12/2025.]

Nov 06, 2025

Set/Reset Deadlines: The Petitioner, through counsel, shall SHOW CAUSE on or before 11/10/2025. (dot) [Transferred from District of Columbia on 11/12/2025.]

#4

Nov 10, 2025

MEMORANDUM re Order,,,, by XIAOLONG PAN. (Attachments: # 1 Exhibit 1-7)(Ye, Ning) [Transferred from District of Columbia on 11/12/2025.] (Entered: 11/10/2025)

Nov 10, 2025

MINUTE ORDER: The Court is in receipt of the Petitioner's 4 Show-Cause Brief, in which the Petitioner argues that extraordinary circumstances related to the Petitioner's health warrant retaining jurisdiction in this District, notwithstanding the fact that the Petitioner is currently detained in Natchez, Mississippi. The Petitioner raises serious concerns about his continued confinement that warrant prompt adjudication. However, because the Petitioner is confined outside this District, binding precedent precludes this Court from granting the relief that the Petitioner seeks. See Rumsfeld v. Padilla, 542 U.S. 426, 447 (2004) (explaining that a habeas petitioner who "seeks to challenge his present physical custody within the United States" must "name his warden as respondent and file the petition in the district of confinement," and noting that this requirement "serves the important purpose of preventing forum shopping by habeas petitioners" and avoids vesting overlapping jurisdiction in multiple district courts); see also Trump v. J.G.G., 604 U.S. 670, 672 (2025) (applying the district-of-confinement rule in an immigration detention habeas matter and concluding that venue could not properly be laid in the District of Columbia). Notably, the Supreme Court has expressly rejected the argument that district courts should "mak[e] ad hoc determinations as to whether the circumstances of a given case are 'exceptional,' 'special,' or 'unusual' enough to require departure from" the district-of-confinement rule in habeas cases. Padilla, 542 U.S. at 450. Therefore, although the Petitioner advances several good-faith arguments for proceeding in this District, none is successful. See Pet.'s Br., Dkt. No. 4 (arguing that the district-of-confinement rule should not apply because Secretary Noem exercises "ultimate control" over the Petitioner's detention, the Petitioner's counsel and other means of support are located in this District, and any delay resulting from transfer could be life-threatening). Given this Court's inability to grant habeas relief, proceeding in this District will only further delay any remedy that may be available in this action. Although this Court lacks power to grant the habeas relief that the Petitioner seeks, it is in the interest of justice that this action should not be dismissed, but instead should be transferred to a district in which it "could have been brought." See 28 U.S.C. §§ 1406(a), 1631; accord Ozturk v. Trump, 777 F. Supp. 3d 26, 43 (D. Mass. 2025). Because the Petitioner is currently confined in Natchez, Mississippi, the Petitioner is "within [the] respective jurisdiction[]" of the U.S. District Court for the Southern District of Mississippi, and that court has the power to hear the 1 Petition and grant appropriate relief. See Pet. ¶ 10; 28 U.S.C. § 2241. Accordingly, it is ORDERED that this action is TRANSFERRED to the U.S. District Court for the Southern District of Mississippi. The Clerk of the Court is respectfully directed to process this transfer forthwith, and no later than November 12, 2025. Signed by Judge Colleen Kollar-Kotelly on 11/10/2025. (lcckk1) [Transferred from District of Columbia on 11/12/2025.]

#5

Nov 12, 2025

Case transferred in from District of District of Columbia; Case Number 1:25-cv-03774. Original file certified copy of transfer order and docket sheet received. (Entered: 11/12/2025)

#6

Nov 12, 2025

Letter sent to (11/12/2025) on (Ning Ye) requesting PHV motion, proposed order and fee. (cwl) (Entered: 11/12/2025)