District of New Jersey • 2:25-cv-17779

#1

Nov 07, 2025

REQUEST FOR ISSUANCE OF SUMMONS as to Kristi Noem, re: Petition for Writ of Habeas Corpus. Document filed by Linhua Xie..(Cox, Theodore) (Entered: 11/07/2025)

#2

Nov 07, 2025

CIVIL COVER SHEET filed..(Cox, Theodore) (Entered: 11/07/2025)

#3

Nov 10, 2025

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Linhua Xie..(Cox, Theodore) (Entered: 11/10/2025)

#4

Nov 10, 2025

ORDER TO SHOW CAUSE: On November 10, 2025, a petition for a Writ of Habeas Corpus ("Petition") was filed pursuant to 28 U.S.C. § 2241 on behalf of Linhua Xie ("Petitioner"). Dkt. No. 3. Upon consideration of the Petition, IT IS HEREBY ORDERED that: 1. Respondents are ordered to show cause why the Petition should not be granted by November 14, 2025. 2. Petitioner shall reply by November 18, 2025. 3. The parties shall APPEAR before this Court for a hearing on the Petition on November 20, 2025, at 11:00 a.m. in Courtroom 906 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. 4. Pending consideration of the Petition, Respondents are hereby RESTRAINED from transferring the Petitioner out of the Southern District of New York and, relatedly, the United States of America. By November 11, 2025, Petitioner's counsel is directed (1) to serve Respondents with a copy of the petition, along with a copy of this Order, by overnight mail or hand-delivery to the United States Attorney's Office for the Southern District of New York at 86 Chambers Street, New York, NY, and by electronic delivery to Jeffrey.Oestericher@usdoj.gov; and (2) to promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. SO ORDERED (Signed by Judge Margaret M. Garnett on 11/10/2025) ( Replies due by 11/18/2025., Status Conference set for 11/20/2025 at 11:00 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett.) (ks) (Entered: 11/10/2025)

#5

Nov 10, 2025

CERTIFICATE OF SERVICE of Court Order and Petition served on U.S. Attorneys Office SDNY on 11/10/2025. Service was accepted by Jeffrey Oestericher, Chief of Civil Division of U.S. Attorneys Office SDNY. Service was made by Mail. Document filed by Linhua Xie..(Cox, Theodore) (Entered: 11/10/2025)

Nov 10, 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. (jgo)

Nov 10, 2025

***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Theodore Norwood Cox to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 11/17/2025. (jgo)

Nov 10, 2025

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Theodore Norwood Cox to RE-FILE Document No. 1 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; summons request must be linked to a pleading. Refile after the pleading has been filed;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)

Nov 10, 2025

Civil Case Opening Fee Paid electronically via Pay.gov: for 3 Petition for Writ of Habeas Corpus. Filing fee $ 5.00. Pay.gov receipt number ANYSDC-31965581, paid on 11/7/2025..(jgo)

Nov 10, 2025

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. 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)

Nov 10, 2025

Case Designated ECF. (jgo)

#6

Nov 11, 2025

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Pamela Bondi, Marcos Charles, Todd M Lyons, Kristi Noem..(Waterman, Brandon) (Entered: 11/11/2025)

#7

Nov 14, 2025

MOTION to Transfer Case to the U.S. District Court for the District of New Jersey, or Alternatively, Dismiss. Document filed by Pamela Bondi, Marcos Charles, Todd M Lyons, Kristi Noem..(Waterman, Brandon) (Entered: 11/14/2025)

#8

Nov 14, 2025

MEMORANDUM OF LAW in Support re: 7 MOTION to Transfer Case to the U.S. District Court for the District of New Jersey, or Alternatively, Dismiss. . Document filed by Pamela Bondi, Marcos Charles, Todd M Lyons, Kristi Noem..(Waterman, Brandon) (Entered: 11/14/2025)

#9

Nov 14, 2025

DECLARATION of Supervisory Detention and Deportation Officer Kareem Johnson in Support re: 7 MOTION to Transfer Case to the U.S. District Court for the District of New Jersey, or Alternatively, Dismiss.. Document filed by Pamela Bondi, Marcos Charles, Todd M Lyons, Kristi Noem..(Waterman, Brandon) (Entered: 11/14/2025)

#10

Nov 17, 2025

ORDER According to the declaration filed by the Government, Petitioner was not in this District at the time the petition was filed. Because core habeas petitions must be filed in the district of confinement, see Ozturk v. Hyde, 136 F.4th 382, 390 (2d Cir. 2025), Petitioner shall promptly notify the Court, either by letter or in the reply brief due November 18, 2025, whether the Petitioner is contesting the facts provided by the Government related to place of confinement. If Petitioner is not contesting those facts, the Court will promptly transfer this matter to the District of New Jersey. (HEREBY ORDERED by Judge Margaret M. Garnett) (Text Only Order) (Garnett, Margaret) (Entered: 11/17/2025)

#11

Nov 19, 2025

LETTER addressed to Judge Margaret M. Garnett from Theodore Cox dated 11/19/2025 re: Xie v. Bondi. Document filed by Linhua Xie..(Cox, Theodore) (Entered: 11/19/2025)

#12

Nov 20, 2025

ORDER re: 3 Petition for Writ of Habeas Corpus filed by Linhua Xie. For the reasons stated on the record during the conference, it is hereby ORDERED that: 1. The Clerk of Court is respectfully directed to transfer this matter to the District Court for the District of New Jersey. Consistent with the Government's request, the Clerk of Court is further respectfully directed to transfer this matter immediately, without regard for Local Civil Rule 83.1. 2. To ensure that Petitioner has an opportunity to have this Petition considered by the District of New Jersey, and to preserve the status quo, the Court ENJOINS the Government from removing Petitioner from a facility within the District of New Jersey, or removing the Petitioner from the United States, unless and until the transferee Court orders otherwise. See Saamishvili v. Flanagan, No. 25-CV-09181 (ER), 2025 WL 3090134, at *1 (S.D.N.Y. Nov. 5, 2025). SO ORDERED. (Signed by Judge Margaret M. Garnett on 11/20/2025) (kv) (Entered: 11/20/2025)

#13

Nov 20, 2025

Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:25-cv-09318. Original file certified copy of transfer order and docket sheet received. (Entered: 11/20/2025)

#14

Nov 20, 2025

Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address. (jr) (Entered: 11/20/2025)

#15

Nov 20, 2025

ORDER TO ANSWER filed. Signed by Judge Claire C. Cecchi on 11/20/2025. (mlh) (Entered: 11/20/2025)

Nov 20, 2025

Show Cause Hearing

Nov 20, 2025

Case assigned to Judge Claire C. Cecchi. (jr)

Nov 20, 2025

Case Assigned/Reassigned

Nov 20, 2025

Minute Entry for proceedings held before Judge Margaret M. Garnett: Show Cause Hearing held on 11/20/2025. Counsel Theodore Cox present for Plaintiff. Counsel Brandon Waterman present for Defendants. (Court Reporter Eve Giniger) (kv)

#16

Dec 04, 2025

Substitution of Attorney

#17

Dec 04, 2025

Response to Habeas Petition

#18

Dec 08, 2025

Appear Pro Hac Vice

Dec 09, 2025

Set Deadlines as to 18 MOTION for Leave to Appear Pro Hac Vice . Motion set for 1/5/2026 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (pm, )

Dec 09, 2025

Set/Reset Motion and R&R Deadlines/Hearings

#19

Dec 11, 2025

Reply to Response (NOT Motion)

#20

Dec 17, 2025

Mail Returned

#21

Dec 17, 2025

Reply to Response (NOT Motion)

#22

Dec 17, 2025

Extension of Time to File Response/Reply

Dec 18, 2025

Set/Reset Motion and R&R Deadlines/Hearings

Dec 18, 2025

Set Deadlines as to 22 MOTION for Extension of Time. Motion set for 1/20/2026 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (adc, )

#23

Dec 23, 2025

TEXT ORDER - Currently pending before the Court is a petition for a writ of habeas corpus, which the parties have fully briefed. ECF Nos. 3, 17, 19. Petitioner alleges he is unlawfully detained under 8 U.S.C. § 1225. See generally ECF No. 3. Under this Court's recent decisions in Rivera Zumba v. Bondi, No. 25-14626 (KSH), 2025 WL 2753496 (D.N.J. Sept. 26, 2025) (interpreting § 1225(b)(2)), Rivas Rodriguez v. Rokosky, No. 25-17419 (CPO), 2025 WL 3485628 (D.N.J. Dec. 3, 2025) (interpreting § 1225(b)(1)), and other recent decisions in this District interpreting § 1225, the Court holds that Petitioner is subject to detention under § 1226(a). It is therefore ORDERED that, in accordance with 8 U.S.C. § 1226(a), within seven (7) days of the date of entry of this Text Order, Respondents shall provide Petitioner with an individualized bond hearing before an immigration judge who shall assess whether he presents a flight risk or a danger to the community in accordance with 8 CFR 236.1(c)(8) and (d)(1). Within three (3) days of that bond hearing, Respondents shall file a written notice of the outcome of that hearing with this Court. So Ordered by Judge Claire C. Cecchi on 12/23/2025. (jl, ) (Entered: 12/23/2025)

Dec 23, 2025

Text Order

#24

Dec 31, 2025

Letter

#25

Jan 08, 2026

Letter

#26

Jan 13, 2026

Stipulation of Dismissal (aty)

#27

Jan 14, 2026

Order of Dismissal AND Stipulation and Order