Eastern District of New York • 1:25-cv-06781

#1

Oct 23, 2025

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-31889305)Document filed by Zhi Ming Zhang..(Fankbonner, Edgar) [Transferred from New York Southern on 12/9/2025.] (Entered: 10/23/2025)

#2

Oct 23, 2025

EMERGENCY MOTION for Order to Show Cause . Document filed by Zhi Ming Zhang. Return Date set for 10/27/2025 at 09:00 AM. (Attachments: # 1 Proposed Order Proposed Order to Show Cause).(Fankbonner, Edgar) [Transferred from New York Southern on 12/9/2025.] (Entered: 10/23/2025)

#3

Oct 23, 2025

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Fankbonner, Edgar) Modified on 10/23/2025 (jgo). [Transferred from New York Southern on 12/9/2025.] (Entered: 10/23/2025)

#4

Oct 23, 2025

ORDER TO SHOW CAUSE: THIS CAUSE comes before the Court upon review of the Petitioner's Motion for Order to Show Cause. Having carefully considered the motion, the pertinent portion of the record, and being otherwise fully advised of the premises, it is ORDERED that the motion shall be granted. Counsel for the Petitioner-Plaintiff is directed to serve the Petitioner's Petition for Writ of Habeas Corpus and Complaint for Declarative and Injunctive Relief, along with a copy of this Order, upon the Civil Division of the United States Attorney's Office for the Southern District of New York. Following service, the Respondents shall "make a return certifying the true cause of the Petitioner's detention," 28 U.S.C. § 2243, within five days. Petitioner may file a traverse within five days. DONE AND ORDERED in Chambers at New York, New York on October 23, 2025. (The Clerk is directed to close ECF No. 2). (Signed by Judge J. Paul Oetken on 10/23/2025) (vfr) [Transferred from New York Southern on 12/9/2025.] (Entered: 10/23/2025)

Oct 23, 2025

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Edgar Loy Fankbonner. The party information for the following party/parties has been modified: Zhi Ming Zhang; Kenneth Genalo; Kristi Noem; Pamela Bondi. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (jgo) [Transferred from New York Southern on 12/9/2025.]

Oct 23, 2025

Magistrate Judge Henry J. Ricardo 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) [Transferred from New York Southern on 12/9/2025.]

Oct 23, 2025

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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) [Transferred from New York Southern on 12/9/2025.]

Oct 23, 2025

Case Designated ECF. (jgo) [Transferred from New York Southern on 12/9/2025.]

Oct 23, 2025

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Edgar Loy Fankbonner to RE-FILE Document No. 3 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated December 4, 2024;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated December 4, 2024. The S.D.N.Y. Civil Cover Sheet dated December 4, 2024 is located athttp://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (jgo) [Transferred from New York Southern on 12/9/2025.]

#5

Oct 24, 2025

CERTIFICATE OF SERVICE of Petition for Writ of Habeas Corpus and Complaint for Declarative and Injunctive Relief served on Kenneth Genalo, Kristi Noem, and Pamela Bondi on 10/23/2025. Service was accepted by Staff, U.S. Attorney's Office for the Southern District of New York. Document filed by Zhi Ming Zhang..(Fankbonner, Edgar) [Transferred from New York Southern on 12/9/2025.] (Entered: 10/24/2025)

#6

Oct 24, 2025

CIVIL COVER SHEET filed..(Fankbonner, Edgar) [Transferred from New York Southern on 12/9/2025.] (Entered: 10/24/2025)

#7

Oct 24, 2025

NOTICE OF APPEARANCE by Melissa A. Childs on behalf of Pamela Bondi, Kenneth Genalo, Kristi Noem..(Childs, Melissa) [Transferred from New York Southern on 12/9/2025.] (Entered: 10/24/2025)

#8

Oct 24, 2025

CONSENT LETTER MOTION for Extension of Time to File by October 31, 2025 addressed to Judge J. Paul Oetken from Assistant U.S. Attorney Melissa A. Childs dated October 24, 2025. Document filed by Pamela Bondi, Kenneth Genalo, Kristi Noem..(Childs, Melissa) [Transferred from New York Southern on 12/9/2025.] (Entered: 10/24/2025)

#9

Oct 24, 2025

ORDER granting 8 Letter Motion for Extension of Time to File: Granted. Defendants' response deadline is hereby extended to October 31, 2025. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (px) [Transferred from New York Southern on 12/9/2025.] (Entered: 10/25/2025)

#10

Oct 30, 2025

SECOND LETTER MOTION for Extension of Time to File addressed to Judge J. Paul Oetken from Assistant U.S. Attorney Melissa A. Childs dated October 30, 2025. Document filed by Pamela Bondi, Kenneth Genalo, Kristi Noem..(Childs, Melissa) [Transferred from New York Southern on 12/9/2025.] (Entered: 10/30/2025)

#11

Oct 30, 2025

ORDER granting 10 Letter Motion for Extension of Time to File: Granted. Defendants' response deadline is hereby extended to November 4, 2025. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (px) [Transferred from New York Southern on 12/9/2025.] (Entered: 10/30/2025)

#12

Nov 04, 2025

THIRD LETTER MOTION for Extension of Time to File addressed to Judge J. Paul Oetken from Assistant U.S. Attorney Melissa A. Childs dated November 4, 2025. Document filed by Pamela Bondi, Kenneth Genalo, Kristi Noem..(Childs, Melissa) [Transferred from New York Southern on 12/9/2025.] (Entered: 11/04/2025)

#13

Nov 04, 2025

ORDER granting 12 Letter Motion for Extension of Time to File: Granted. Defendants' response deadline is hereby extended to November 6, 2025. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (px) [Transferred from New York Southern on 12/9/2025.] (Entered: 11/04/2025)

#14

Nov 06, 2025

RESPONSE TO ORDER TO SHOW CAUSE re: 4 Order to Show Cause,,,,. Document filed by Pamela Bondi, Kenneth Genalo, Kristi Noem. (Attachments: # 1 Exhibit A - Immigration Judges Final Order of Removal dated January 26, 1998, # 2 Exhibit B - Petitioners Criminal History Record, # 3 Exhibit C - BIA Decision and Order dated February 1, 2008, # 4 Exhibit D - Second Circuit Order Denied Petition for Review, # 5 Exhibit E - Order of Supervision dated May 14, 2012, # 6 Exhibit F - Indictment in USA v. Zhang, No. 1:18-CR-419 (E.D.N.Y.) dated August 8, 2018, # 7 Exhibit G - Record of Deportable/Inadmissible Alien (Form I-213), # 8 Exhibit H - Governments Sentencing Memo in USA v. Zhang, No. 1:18-CR-419 (E.D.N.Y.) dated October 14, 2025, # 9 Exhibit I - Group Exhibit: Warrant of Removal/Deportation (Form I-205), Warning to Alien Ordered Removed or Deported (Form I-294), Notice of Custody Determination (Form I-286), & Notice of Revocation of Order of Supervision (Form I-200) dated February 27, 2025, # 10 Exhibit J - Arrest Warrant in USA v. Zhang, No. 1:18-CR-419 (E.D.N.Y.) dated April 7, 2025, # 11 Exhibit K - Criminal Judgment in USA v. Zhang, No. 1:18-CR-419 (E.D.N.Y.) dated October 24, 2025).(Childs, Melissa) [Transferred from New York Southern on 12/9/2025.] (Entered: 11/06/2025)

#15

Nov 06, 2025

DECLARATION of Deportation Officer Rocco Kish in Opposition re: 14 Response to Order to Show Cause,,,,. Document filed by Pamela Bondi, Kenneth Genalo, Kristi Noem..(Childs, Melissa) [Transferred from New York Southern on 12/9/2025.] (Entered: 11/06/2025)

#16

Nov 07, 2025

MEMORANDUM OF LAW in Opposition re: 15 Declaration in Opposition, 14 Response to Order to Show Cause,,,, . Document filed by Pamela Bondi, Kenneth Genalo, Kristi Noem..(Childs, Melissa) [Transferred from New York Southern on 12/9/2025.] (Entered: 11/07/2025)

#17

Nov 07, 2025

LETTER MOTION for Leave to File Respondents' Amended Memorandum of Law in Opposition to Petitioners Petition for Habeas Corpus to include a complete and corrected Table of Authorities addressed to Judge J. Paul Oetken from Assistant U.S. Attorney Melissa A. Childs dated November 7, 2025. Document filed by Pamela Bondi, Kenneth Genalo, Kristi Noem..(Childs, Melissa) [Transferred from New York Southern on 12/9/2025.] (Entered: 11/07/2025)

#18

Nov 07, 2025

ORDER granting 17 Letter Motion for Leave to File Document: Granted. The Government is directed to re-file its brief, with a complete and corrected table of authorities, on or before November 10, 2025. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (px) [Transferred from New York Southern on 12/9/2025.] (Entered: 11/07/2025)

#19

Nov 07, 2025

AMENDED MEMORANDUM OF LAW in Opposition re: 16 Memorandum of Law in Opposition, 15 Declaration in Opposition, 18 Order on Motion for Leave to File Document, 14 Response to Order to Show Cause,,,, Table of Authorities has been completed and corrected from previous filing (Dkt. 16). Document filed by Pamela Bondi, Kenneth Genalo, Kristi Noem..(Childs, Melissa) [Transferred from New York Southern on 12/9/2025.] (Entered: 11/07/2025)

#20

Nov 07, 2025

ORDER: Counsel for all parties are directed to appear telephonically for a conference with the Court on November 13, 2025 at 3:00 p.m. Counsel should call (855) 244-8681 at the scheduled time. The attendee ID number is 23128287066. Petitioner shall file any reply to the Government's response to the Court's order to show cause no later than November 14, 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., Khalil v. Joyce, No. 25-CV-01935-JMF, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (citing cases); see also, e.g., Du v. United States Dep't of Homeland Sec., No. 3:25-CV- 644 (OAW), 2025 WL 1317944, at *1 (D. Conn. Apr. 24, 2025) ("[A] a federal court may temporarily enjoin immigration authorities from deporting individuals if it preserves the court's jurisdiction over a case or cases."). Telephone Conference set for 11/13/2025 at 03:00 PM before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 11/7/2025) (vfr) [Transferred from New York Southern on 12/9/2025.] (Entered: 11/07/2025)

#21

Nov 13, 2025

ORDER: In the parties' supplemental briefing, the parties are directed to include discussion of the following issues: (1) where the petitioner was located at the time of the filing of his petition; (2) the timing, nature, and terms of the ICE detainer lodged in connection with the petitioner's federal criminal case; (3) when the petitioner's removal period under 8 U.S.C. § 1231 began; and (4) under what legal authority the petitioner was returned to ICE custody on October 23, 2025. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (px) [Transferred from New York Southern on 12/9/2025.] (Entered: 11/13/2025)

Nov 13, 2025

Minute Entry for proceedings held before Judge J. Paul Oetken: Telephonic Status Conference held on 11/13/2025. Government letter due by 11/19/2025. See transcript. (bh) [Transferred from New York Southern on 12/9/2025.]

#22

Nov 19, 2025

LETTER addressed to Judge J. Paul Oetken from Assistant U.S. Attorney Melissa A. Childs dated November 19, 2025 re: Supplemental Status Post-Conference. Document filed by Pamela Bondi, Kenneth Genalo, Kristi Noem. (Attachments: # 1 Exhibit L - ERO Delegation Memo).(Childs, Melissa) [Transferred from New York Southern on 12/9/2025.] (Entered: 11/19/2025)

#23

Nov 20, 2025

ORDER: Petitioner is directed to file a reply to Respondents' letter at ECF 22 by Monday, November 24, 2025. However, if Petitioner consents to a transfer of the case to the Eastern District of New York, he shall inform the Court as soon as possible. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (Oetken, J.) [Transferred from New York Southern on 12/9/2025.] (Entered: 11/20/2025)

#24

Nov 24, 2025

LETTER addressed to Judge J. Paul Oetken from Edgar Loy Fankbonner, Esq. dated 11/24/2025 re: Response to Respondents' Letter of Nov. 19, 2025. Document filed by Zhi Ming Zhang. (Attachments: # 1 Affidavit Attorney Affirmation, # 2 Exhibit Call Records, # 3 Exhibit ICE OPLA Telephone Listing, # 4 Affidavit Declaration of Jeffrey Zhang, # 5 Affidavit Declaration of Alex Liang).(Fankbonner, Edgar) [Transferred from New York Southern on 12/9/2025.] (Entered: 11/24/2025)

#25

Nov 26, 2025

ORDER: In contrast, Petitioner cites evidence that he was detained at 26 Federal Plaza in Manhattan from the morning to the late afternoon of October 23, 2025. (See ECF No. 24 at 1-2; ECF No. 24-2 at 4.) Moreover, "noncitizens arrested and detained by immigration authorities in New York City are routinely processed at 26 Federal Plaza and then transferred to New Jersey for detention." Khalil v. Joyce, 771 F. Supp. 3d 268, 283 (S.D.N.Y. 2025). By December 1, 2025, Respondents shall provide any additional evidence of where Petitioner was located at 8:59 a.m. on October 23, 2025, or their venue argument will be deemed forfeited. SO ORDERED. (Signed by Judge J. Paul Oetken on 11/26/2025) (mml) [Transferred from New York Southern on 12/9/2025.] (Entered: 11/26/2025)

#26

Dec 01, 2025

SUPPLEMENTAL LETTER addressed to Judge J. Paul Oetken from Assistant U.S. Attorney Melissa A. Childs dated December 1, 2025 re: Government's Response to Order (Dkt. 25). Document filed by Pamela Bondi, Kenneth Genalo, Kristi Noem. (Attachments: # 1 Supplement Declaration of Supervisory Detention and Deportation Officer Reese Clews).(Childs, Melissa) [Transferred from New York Southern on 12/9/2025.] (Entered: 12/01/2025)

#27

Dec 01, 2025

ORDER: Petitioner shall file a reply, if any, to Defendants' supplemental letter at ECF No. 26 on or before December 3, 2025. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (px) [Transferred from New York Southern on 12/9/2025.] (Entered: 12/01/2025)

#28

Dec 03, 2025

LETTER addressed to Judge J. Paul Oetken from Edgar Loy Fankbonner, Esq. dated 12/03/2025 re: Defendants' Supplemental Letter. Document filed by Zhi Ming Zhang..(Fankbonner, Edgar) [Transferred from New York Southern on 12/9/2025.] (Entered: 12/03/2025)

#29

Dec 09, 2025

ORDER: Accordingly, this case is hereby TRANSFERRED pursuant to 28 U.S.C. § 1406(a) to the United States District Court for the Eastern District of New York. The Clerk of Court is directed to transfer the case immediately, and the seven-day waiting period in Local Rule 83.1 is waived. SO ORDERED. (Signed by Judge J. Paul Oetken on 12/9/2025) (mml) [Transferred from New York Southern on 12/9/2025.] (Entered: 12/09/2025)

#30

Dec 09, 2025

Case transferred in from District of New York Southern; Case Number 1:25-cv-08772. Original file certified copy of transfer order and docket sheet received. (Entered: 12/09/2025)

#31

Dec 09, 2025

NOTICE of Appearance by Diana Elizabeth Mahoney on behalf of Pamela Bondi, Kenneth Genalo, Kristi Noem (aty to be noticed) (Mahoney, Diana) (Entered: 12/09/2025)

Dec 09, 2025

Case Transferred Out - District Transfer

Dec 09, 2025

CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York. (mml) [Transferred from New York Southern on 12/9/2025.]

Dec 10, 2025

ORDER: 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., Kuprashvili v. Flanagan, No. 25-cv-5268, 2025 WL 2382059, at *1 (S.D.N.Y. June 30, 2025) (collecting cases staying removal to maintain the status quo). Additionally, in light of Petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, Petitioner shall not be transferred to a facility outside of this District or the District of New Jersey, where he is currently detained. See Samb v. Joyce, No. 25-cv-6373 (S.D.N.Y. Aug. 4, 2025) (ECF 3) (collecting cases in support of enjoining transfer of petitioner outside of New York City area). Ordered by Judge Nina R. Morrison on 12/10/2025. (JK)

Dec 10, 2025

Order(Other)

Dec 10, 2025

ORDER: The Court is in receipt of the Government's 14, 15, 16 Response to the 4 Order to Show Cause. Petitioner shall file any reply to the Government's response on or before December 17, 2025. Ordered by Judge Nina R. Morrison on 12/10/2025. (JK)