Southern District of New York • 1:25-cv-09595

#1

Nov 17, 2025

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32006817)Document filed by Qiwei Weng..(Li, Ling) (Entered: 11/17/2025)

#2

Nov 17, 2025

CIVIL COVER SHEET filed..(Li, Ling) (Entered: 11/17/2025)

#3

Nov 18, 2025

Order to Answer

#4

Nov 18, 2025

Notice of Appearance

#5

Nov 18, 2025

Certificate of Service as to USA

Nov 18, 2025

Notice to Attorney Regarding Party Modification

Nov 18, 2025

Case Opening Initial Assignment Notice

Nov 18, 2025

Set/Reset Hearings: Status Conference set for 11/25/2025 at 09:00 AM before Judge Jennifer H. Rearden. (jca)

Nov 18, 2025

Case Designated ECF. (sj)

Nov 18, 2025

Magistrate Judge Ona T. Wang 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. (sj)

Nov 18, 2025

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..(sj)

Nov 18, 2025

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ling Li. The party information for the following party/parties has been modified: Kenneth Genalo, Todd Lyons, Kristi Noem, Pamela Bondi. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj)

#6

Nov 20, 2025

Notice of Appearance

#7

Nov 21, 2025

Response (non-motion)

#8

Nov 21, 2025

Declaration in Opposition (non-motion)

#9

Nov 21, 2025

Memorandum of Law in Opposition (non-motion)

#10

Nov 23, 2025

Brief

#11

Nov 23, 2025

ORDER The parties are scheduled to appear for oral argument on November 25, 2025 at 9:00 a.m. The proceeding will be held by videoconference via Microsoft Teams. Only the Court and the parties shall appear by video for the conference; all others may participate by telephone. The parties will receive log-in credentials via email. The public listen-only line may be accessed by dialing 646-453-4442 and entering Conference ID 444 887 964 followed by the pound (#) sign. The parties should be prepared to address, among other things, the following recent decisions: Ortiz-Lopez v. Francis, No. 25 Civ. 07985 (KPF) (see Order at ECF No. 13 and Nov. 6, 2025 Transcript at ECF No.15); Perez v. Francis, No. 25 Civ. 8112 (JGK), 2025 WL 3110459 (S.D.N.Y. Nov. 6, 2025); Cardenas v. Almodovar, No. 25 Civ. 9169 (JMF), 2025 WL 3215573 (S.D.N.Y. Nov. 18, 2025); and Sun v. Almodovar, No. 25 Civ. 9262 (PKC), 2025 WL 3241268 (S.D.N.Y. Nov. 20, 2025). SO ORDERED. (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) (JTR) (Entered: 11/23/2025)

Nov 23, 2025

Order

#12

Nov 24, 2025

FIRST LETTER addressed to Judge Jennifer H. Rearden from Ling Li dated 11/24/2025 re: Weng v. Genalo. Document filed by Qiwei Weng..(Li, Ling) (Entered: 11/24/2025)

#13

Nov 24, 2025

ORDER The parties are scheduled to appear for oral argument on November 25, 2025 at 9:00 a.m. See ECF No. 11. The Conference ID for the public listen-only line for this proceeding has changed. The public listen-only line for this proceeding may now be accessed by dialing 646-453-4442 and entering Conference ID 606 224 876 followed by the pound (#) sign. (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) (JTR) (Entered: 11/24/2025)

Nov 24, 2025

Order

#14

Dec 03, 2025

Letter

Dec 04, 2025

Status Conference

#15

Dec 05, 2025

Letter

#16

Dec 11, 2025

Transcript

#17

Dec 11, 2025

Notice of Filing Transcript

#18

Dec 16, 2025

ORDER According to Respondents, on November 10, 2024, U.S. Customs and Border Protection (CBP) prepared and served Petitioner with a Notice of Custody Determination (Form I-286) [ECF No. 7-2]; a Warrant for Arrest of Alien (Form I-200), [ECF No. 7-3 (2024 Warrant)]; and an Order of Release on Recognizance (Form I-220A), [ECF No. 7-4]. ECF No. 8 6. All of these documents cited section 236 of the Immigration and Nationality Act (the INA), codified at 8 U.S.C. § 1226. Specifically, the 2024 Warrant notified Petitioner that he was within the country in violation of the immigration laws and [was] therefore liable to being taken into custody as authorized by section 236 of the [INA]." 2024 Warrant (emphasis added). The Notice of Custody Determination provided that, [p]ursuant to the authority contained in section 236 of the [INA]... [the signatory] ha[d] determined that, pending a final administrative determination in your case, [Petitioner] w[ould] be... [r]eleased... on [his] own recognizance. ECF No. 7-2 (emphasis added). The Order of Release on Recognizance stated that, [i]n accordance with section 236 of the [INA]... [Petitioner was] being released on [his] own recognizance, subject to certain enumerated conditions. ECF No. 7-4 (emphasis added). The Declaration of Supervisory Detention and Deportation Officer Khristopher Dawson of Immigration and Customs Enforcement ("ICE") confirmed that Petitioner was released on his own recognizance as a conditional parole pursuant to 8 U.S.C. § 1226(a)(2)(B) due to lack of bed space. ECF No. 8 6 (emphasis added). Roughly a year later, on November 17, 2025, Petitioner reported for his scheduled check-in with ICE, ECF No. 8 10, and was t[aken] into custody... pursuant to INA § 235(b)(2)(A) and served with a Warrant for Arrest of Alien (Form I-200) [(2025 Warrant) (emphasis added)]. Id.; ECF No. 7-6. The 2025 Warrant is addressed to [a]ny immigration officer authorized pursuant to sections 236 and 287 of the [INA]... to serve warrants of arrest for immigration violations. ECF No. 7-6 (emphasis added).By December 22, 2025, each party shall file a letter addressing (1) the extent to which 8 U.S.C. § 1226(b) governs the revocation of a conditional parole that was granted pursuant to 8 U.S.C. § 1226(a)(2)(B), ECF No. 7-2; (2) the import in that regard, if any, of the express references to section 236 of the INA in the 2024 and 2025 Warrants in this case, see ECF No. 8 6-10; see Chen v. Almodovar, No. 25 Civ. 8350 (MKV), 2025 WL 3484855, at *8 (S.D.N.Y. Dec. 4, 2025) (Section 1226 provides that if the government exercises discretion to release an alien, pursuant to 1226(a), the government at any time may decide to rearrest the alien under the original warrant. (quoting 8 U.S.C. § 1226(b)(emphasis added)); (3) whether Petitioners 2025 arrest was under the original warrant, see 8 U.S.C. § 1226(b); and (4) the extent to which any of the following authorities control or otherwise apply to the instant matter: DHS v. Thuraissigiam, 591 U.S. 103, 139-40 (2020) ("[A]n alien in respondent's position has only those rights regarding admission that Congress has provided by statute" (emphasis added)); Velasco Lopez v. Decker, 978 F.3d 842, 850 (2d Cir. 2020) ("Accordingly, the Due Process Clause covers noncitizens, 'whether their presence here is lawful, unlawful, temporary, or permanent.'" (quoting Zadvydas v. Davis, 533 U.S. 678, 690 (2001)); Savane v. Francis, No. 25 Civ. 6666 (GHW), 2025 WL 2774452, at *2 (S.D.N.Y. Sept. 28, 2025) (granting writ of habeas corpus and holding that a noncitizen has a significant liberty interest in remaining out of custody once parole is granted); and Walizada v. Trump, No. 25 Civ. 00768 (CR), 2025 WL 3551972, at *16 (D. Vt. Dec. 11, 2025) ("Many courts, including this one, have interpreted Thuraissigiam as limited to its facts, which involved an arriving alien who claimed he was entitled to additional administrative review of his asylum claim under the Fifth Amendment's Due Process Clause.") (granting writ of habeas corpus). SO ORDERED. (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) (JTR) (Entered: 12/16/2025)

Dec 16, 2025

Order

#19

Dec 22, 2025

Letter

#20

Dec 22, 2025

Letter

Dec 31, 2025

Order

#22

Jan 02, 2026

Status Report