District of New Jersey • 1:26-cv-05969

#1

May 26, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17461913.), filed by TAI HUA LIN. (Attachments: # 1 Exhibit Petitioner's Order of Supervision, # 2 Exhibit Notice of Revocation of Release, # 3 Exhibit Two Decisions to Continue Custody, # 4 Exhibit Birth Certificates for Petitioner's Children)(LOMBARDI, JAMES) (Entered: 05/26/2026)

#2

May 26, 2026

TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Chief Judge Renee Marie Bumb on 5/26/2026. (jr) (Entered: 05/26/2026)

May 26, 2026

CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jr)

May 26, 2026

Emergent Immigration Habeas Non-transfer Order

May 26, 2026

QC - Civil Cover Sheet JS44

May 26, 2026

Case Assigned/Reassigned

May 26, 2026

Case assigned to Chief Judge Renee Marie Bumb. (jr)

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May 27, 2026

Exhibit to QC - Civil Cover Sheet JS44,, by TAI HUA LIN. (LOMBARDI, JAMES) (Entered: 05/27/2026)

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May 29, 2026

TEXT ORDER This matter comes before the Court upon Petitioner Tai Hua Lin's Petition for Writ of Habeas Corpus under 28 U.S.C. 2241. Dkt. No. 1, ("Petition"). Petitioner alleges his prolonged immigration detention violates due process. In accordance with Rule 4 of the Rules Governing 2254 Cases ("Habeas Rule 4"), applicable to § 2241 cases through Rule 1(b), scope of the Rules, this Court has screened the Petition for dismissal and determined dismissal without a full answer is not warranted. Respondents shall file an expedited answer to the Petition within 7 days. Petitioner may file a reply brief within 3 days of the filing date of the answer. So Ordered by Chief Judge Renee Marie Bumb on 05/29/2026. (Costigan, Roberta) (Entered: 05/29/2026)

May 29, 2026

Order

#5

Jun 04, 2026

Notice of Appearance

#6

Jun 04, 2026

Response to Habeas Petition

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Jun 08, 2026

Reply to Response (NOT Motion)

#8

Jun 11, 2026

Letter

#9

Jun 12, 2026

TEXT ORDER This matter comes before the Court upon Petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. 2241, seeking release from prolonged final removal order detention by immigration authorities. Dkt. No. 1 ("Petition"). Respondents filed an Answer in opposition to the Petition, asserting Petitioner's removal is significantly likely in the reasonably foreseeable future. Dkt. No. 6 ("Answer"). Petitioner replied that Immigration and Customs Enforcement ("ICE") has been working to obtain a travel document for Petitioner since October 2025, and still has not done so, therefore, his removal is not reasonably foreseeable. Dkt. No. 7 ("Reply"). Respondents supplemented their Answer, and established that ICE received an entry permit for Petitioner to enter China, valid May 22, 2026, through August 22, 2026. Dkt. No. 8 ("Suppl. Answer"); Dkt. No. 8-1, Ex. A ("Entry Permit"). For the reasons below, the Court will DENY the Petition without prejudice. Petitioner has been subject to a final order of removal since August 18, 1998. Answer at 2; Dkt. No. 2-2, Ex. B. ("Deportation Order"). In February 2004, Petitioner was detained by ICE to effectuate his removal. Answer at 3; Dkt. No. 6-4, Ex. D ("2004 Form I-213") He was, however, released on or about April 2, 2004, on conditions of supervised release. Answer at 2; Dkt. No. 6-7, Ex. G ("Declaration of Deportation Officer Maximiliano Ramirez" or "Ramirez Decl.") at 3. Petitioner was once again detained for removal on October 9, 2025, and has been detained since then. Answer at 2, Dkt. No. 6-6, Ex. F ("Form I-229(a)"); Ramirez Decl. at 3. In Zadvydas v. Davis, 533 U.S. 678, 699 (2001), the Supreme Court held that "once removal is no longer reasonably foreseeable, continued detention is no longer authorized by statute." See also 8 U.S.C. 1231(a)(1), (2) (mandating detention for a 90-day removal period). After six months in final removal order detention, if the noncitizen "provides good reason to believe that there is no significant likelihood of removal in the reasonably foreseeable future, the Government must respond with evidence sufficient to rebut that showing." Id. at 701. A noncitizen "may be held in confinement until it has been determined that there is no significant likelihood of removal in the reasonably foreseeable future." Id. Respondents, having obtained an entry permit to China for Petitioner, have shown there is a significant likelihood of Petitioner's removal in the reasonably foreseeable future. Therefore, the Petition, Dkt. No. 1, is DENIED without prejudice. The stay of Petitioner's transfer outside New Jersey, Dkt. No. 2, is lifted to effectuate Petitioner's removal. So Ordered by Chief Judge Renee Marie Bumb on 06/12/2026. (Costigan, Roberta) (Entered: 06/12/2026)

Jun 12, 2026

Order