Eastern District of Virginia • 3:25-cv-00392

#1

Mar 20, 2025

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-18874681, filed by Jingjing Lian, Rihui Zhu. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons) (Wang, Zhou) [Transferred from New York Eastern on 5/27/2025.] (Entered: 03/20/2025)

#2

Mar 21, 2025

Summons Issued as to Ur Jaddou, Kristi Noem, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Ur Jaddou) (SDM) [Transferred from New York Eastern on 5/27/2025.] (Entered: 03/21/2025)

#3

Mar 21, 2025

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any.Corrections have been made. Please refer to ALL Corrections made on this case, SPECIFICALLY THE OTHER SECTION ON THIS FORM! (SDM) [Transferred from New York Eastern on 5/27/2025.] (Entered: 03/21/2025)

Mar 21, 2025

ORDER TO SHOW CAUSE: Petitioners seek a "writ of habeas corpus and [a] writ of mandamus." Their habeas corpus claim challenges the detention of Petitioner Zhu. Petitioners plead that as of the time of filing, Petitioner Zhu is detained in Virginia. "[F]or core habeas petitions challenging present physical confinement, jurisdiction lies in only one district: the district of confinement" at the time of filing. Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004); see Khalil v. Joyce, No. 25-CV-1935 (JMF), 2025 WL 849803, at *13 (S.D.N.Y. March 19, 2025) (transferring petitioner's immigration detention suit from the Southern District of New York to the District of New Jersey because the petitioner was detained in New Jersey at the time of filing). A district court may transfer a case sua sponte and before any defendant has appeared. See, e.g., Shalto v. Broadway Barbers LIC Inc., No. 24-CV-795 (PAE) (BCM), 2024 WL 839050, at *2 (S.D.N.Y. Feb. 28, 2024). Moreover, even if venue is proper for a portion of a petitioners claims, the district court may transfer the entire suit in the interests of efficiency and justice. See Khalil, 2025 WL 849803, at *13. By Wednesday, March 26, 2025, Petitioners shall show cause as to why I should not transfer Petitioners' suit to the appropriate Virginia district court. In their filing, Petitioners shall inform me of the judicial district in which Petitioner Zhu is currently detained.Ordered by Judge Carol Bagley Amon on 3/21/2025. (HBS) [Transferred from New York Eastern on 5/27/2025.]

Mar 21, 2025

Case Assigned to Judge Carol Bagley Amon. 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. (SDM) [Transferred from New York Eastern on 5/27/2025.]

#4

Mar 26, 2025

First MOTION for Extension of Time to File Plaintiff's response to the Court's Order to Show Cause by Jingjing Lian, Rihui Zhu. (Wang, Zhou) [Transferred from New York Eastern on 5/27/2025.] (Entered: 03/26/2025)

Mar 27, 2025

ORDER granting 4 Motion for Extension of Time to File. Petitioners shall show cause as to why the Court should not transfer this case to a Virginia district court and inform the Court as to the judicial district in which Petitioner Zhu was detained at the time of filing this petition by 3/31/2025. Ordered by Judge Carol Bagley Amon on 3/27/2025. (HBS) [Transferred from New York Eastern on 5/27/2025.]

#5

Mar 31, 2025

AMENDED COMPLAINT against All Defendants, filed by Jingjing Lian, Rihui Zhu. (Wang, Zhou) [Transferred from New York Eastern on 5/27/2025.] (Entered: 03/31/2025)

#6

Mar 31, 2025

AFFIDAVIT in Opposition re Order to Show Cause (Federal),,,,,, Order on Motion for Extension of Time to File, by All Plaintiffs. (Wang, Zhou) [Transferred from New York Eastern on 5/27/2025.] (Entered: 03/31/2025)

#7

Apr 10, 2025

First MOTION to Expedite Petitioners' response to the Court's Order to Show Cause by Jingjing Lian, Rihui Zhu. (Wang, Zhou) [Transferred from New York Eastern on 5/27/2025.] (Entered: 04/10/2025)

Apr 10, 2025

ORDER: The Court is in receipt of Petitioners' response to its March 21, 2025 order to show cause. The Court does not intend to rule on whether to transfer this action until it considers the Government's view on this issue. Petitioners have not yet served process upon the named governmental defendants. Petitioners shall promptly serve those defendants so that the Court can solicit the Government's position on whether to transfer this case to the Western District of Virginia. Ordered by Judge Carol Bagley Amon on 4/10/2025. (HBS) [Transferred from New York Eastern on 5/27/2025.]

#8

Apr 14, 2025

NOTICE of Appearance by James H. Knapp on behalf of All Defendants (aty to be noticed) (Knapp, James) [Transferred from New York Eastern on 5/27/2025.] (Entered: 04/14/2025)

Apr 14, 2025

ORDER: By April 21, 2025, the Government shall submit a letter providing its position on the issue raised by the Court's March 21, 2025 order to show cause. Specifically, the Government shall tell the Court whether it believes that it would be appropriate for the Court to transfer Petitioner's suit to the Western District of Virginia, given that Petitioner was detained in that district at the time of filing. Ordered by Judge Carol Bagley Amon on 4/14/2025. (HBS) [Transferred from New York Eastern on 5/27/2025.]

#9

Apr 21, 2025

Letter to the Honorable Carol B. Amon, United States District Judge respectfully submitted in response to the Court's April 14, 2025 Order by Ur Jaddou, Kristi Noem (Attachments: # 1 Declaration) (Knapp, James) [Transferred from New York Eastern on 5/27/2025.] (Entered: 04/21/2025)

Apr 22, 2025

ORDER: Pursuant to 28 U.S.C. § 1406(a), I transfer Petitioners' habeas claim to the Eastern District of Virginia. Jurisdiction over this claim lies in that district since Petitioner Zhu was detained there at the time of filing this action. See Rumsfeld v. Padilla, 542 U.S. 425, 443 (2004). This is so even though Zhu challenges his prospective removal along with his detention. See Khalil v. Joyce, No. 25-cv-1935 (JMF), 2025 WL 849803, at *1, *11 (S.D.N.Y. March 19, 2025) (applying the immediate-custodian rule where a petitioner sought "an order directing his release from detention and setting aside the Secretary of State's determination" that he should be removed). Petitioners' mandamus claim was properly brought in this District, so I do not transfer it. See Pence v. Gee Grp., Inc., 236 F. Supp.3d 843, 853-57 (S.D.N.Y. 2017) (analyzing the propriety of transfer on a claim-by-claim basis). I grant the Government's request for an extension to respond to this claim until June 13, 2025, and I sever the mandamus claim from the habeas claim so that Petitioners can advance all of their claims in the appropriate judicial district. See Wyndham Assocs. v. Bintliff, 398 F.2d 614, 618 (2d Cir. 1968) (discussing severance as a prerequisite to transferring a portion of a plaintiff's claims). I respectfully direct the Clerk of Court to transfer Petitioners' habeas claim to the Eastern District of Virginia. Given Petitioner Zhu's current detention, the Clerk of Court shall promptly transfer the claim notwithstanding the ordinary seven-day delay set out in Local Civil Rule 83.1. Ordered by Judge Carol Bagley Amon on 4/22/2025. (HBS) [Transferred from New York Eastern on 5/27/2025.]

May 14, 2025

Incorrect Entry Information: This case was closed in error, please disregard. The Petitioner's mandamus claim is proceeding before this Court. (TLH) [Transferred from New York Eastern on 5/27/2025.]

#10

May 22, 2025

MOTION to Expedite and assure the habeas corpus claim (not the entire case) is successfully transferred to the Eastern District of Virginia by Jingjing Lian, Rihui Zhu. (Wang, Zhou) [Transferred from New York Eastern on 5/27/2025.] (Entered: 05/22/2025)

#11

May 27, 2025

Case transferred in from District of New York Eastern; Case Number 1:25-cv-01554. Original file and docket sheet received. (Entered: 05/27/2025)

May 27, 2025

Notification of transfer of Petition for Writ of Habeas Corpus from the Eastern District of New York Case No. 1:25-cv-01554 to the Eastern District of Virginia. (ldab, )