Southern District of New York • 1:25-cv-09982

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Dec 02, 2025

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32069564)Document filed by Qunjie Yao..(Wasserman, Jed) (Entered: 12/02/2025)

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Dec 02, 2025

CIVIL COVER SHEET filed..(Wasserman, Jed) (Entered: 12/02/2025)

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Dec 03, 2025

ORDER: The Court, having examined the petition in this action, which the petitioner filed pursuant to 28 U.S.C. § 2241, hereby ORDERS that: The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this Order has issued, including at the following email address: jeffrey.oestericher@usdoj.gov. By Monday, December 8, 2025, the U.S. Attorney's Office shall file an answer or other pleadings in response to the petition. Petitioner may file reply papers, if any, by Wednesday, December 10, 2025. To preserve the Court's jurisdiction pending a ruling on the petition, petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Du v. United States Dep 't of Homeland Sec., No. 25 Civ. 644, 2025 WL 1317944, at* 1 (D. Conn. Apr. 24, 2025) (enjoining defendants from "removing any Plaintiffs or putative class members from the District of Connecticut, and from deporting them from the United States" because "a federal court may temporarily enjoin immigration authorities from deporting individuals if it preserves the court's jurisdiction over a case or cases"); Ozturkv. Hyde, No. 25 Civ. 10695, 2025 WL 1009445, at *11 (D. Mass. Apr. 4, 2025) ("To allow the Court's resolution of its jurisdiction to decide the Petition, Ozturk shall not be removed from the United States until further Order of this Court." (citation omitted)); Leuthavone v. Salisbury, No. 97 Civ. 556, 2025 WL 1135588, at *2 (D.R.I. Apr. 17, 2025) (granting a stay ofremoval "to maintain the status quo and preserve the Court's ability to adjudicate the habeas petition"); Khalil v. Joyce, No. 25 Civ. 1935, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) ("To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise."); see also Local 1814, Intern. Longshoremen 's Ass 'n, AFL-CIO v. New York Shipping Ass 'n, Inc., 965 F.2d 1224, 123 7 (2d Cir. 1992) ("Once the district court acquires jurisdiction over the subject matter of, and the parties to, the litigation, the All Writs Act, 28 U.S.C. § 1651, authorizes a federal court to protect that jurisdiction." (cleaned up)); Garcia- Izquierdo v. Gartner, No. 4 Civ. 7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 17, 2004) (under the All Writs Act, a district court "may order that a petitioner's deportation be stayed... when a stay is necessary to preserve the Court's jurisdiction of the case"); cf Michael v. INS., 48 F.3d 657, 661-62 (2d Cir. 1995) (All Writs Act provides federal court of appeals reviewing a final removal order with basis to stay removal). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/3/2025) Pamela Bondi answer due on 12/8/2025. (ar) (Entered: 12/03/2025)

Dec 03, 2025

Magistrate Judge Valerie Figueredo 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. (pc)

Dec 03, 2025

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(pc)

Dec 03, 2025

Case Designated ECF. (pc)

Dec 03, 2025

Case Opening Initial Assignment Notice

Dec 03, 2025

Notice to Attorney Regarding Party Modification

Dec 03, 2025

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jed Sweetwater Wasserman. The party information for the following party/parties has been modified: Qunjie Yao, Judith Almodovar, Kristi Noem, Pamela Bondi, Executive Office For Immigration Review. The information for the party/parties has been modified for the following reason/reasons: do not include the party's name as party text. (pc)

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Dec 08, 2025

Notice of Appearance

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Dec 08, 2025

Response (non-motion)

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Dec 08, 2025

Declaration (non-motion)

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Dec 08, 2025

Memorandum of Law (non-motion)

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Dec 09, 2025

Reply Memorandum of Law (non-motion)

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Dec 15, 2025

Order AND ~Util - Set Hearings

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Dec 17, 2025

Memorandum & Opinion

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Dec 18, 2025

Judgment - Clerk

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Dec 18, 2025

Declaration (non-motion)

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Dec 18, 2025

Order

Dec 18, 2025

Status Conference

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Dec 19, 2025

Order

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Dec 19, 2025

Declaration (non-motion)

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Dec 20, 2025

Declaration (non-motion)