Eastern District of New York • 1:26-cv-04773

#1

Aug 05, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20499985, filed by Jianwen Chen. (Attachments: # 1 Civil Cover Sheet) (Wasserman, Jed) (Entered: 08/05/2026)

#2

Aug 06, 2026

Civil Cover Sheet.. by Jianwen Chen (Wasserman, Jed) (Entered: 08/06/2026)

#3

Aug 06, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 08/06/2026)

Aug 06, 2026

Case Assigned/Reassigned

Aug 06, 2026

Notice: Incorrect Civil Cover Sheet submitted (Please Use Link Below) The Clerk's Office cannot assign this case without a completed JS-44 (Rev. 7.16.2026; Effective 7.16.2026). Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. The form is available at: https://www.nyed.uscourts.gov/document-search . SEARCH CATEGORIES Forms FILTER Clerks Office Forms and Instructions SEARCH JS 44 Civil Cover Sheet Revised 7/16/2026 Please submit corrected Civil Cover Sheet under the event Other Documents - Proposed Summons/Civil Cover Sheet (SDM)

Aug 06, 2026

Notice: Re: Incomplete Civil Cover Sheet

Aug 06, 2026

Quality Control Check - Summons

Aug 06, 2026

Order to Show Cause (463)

Aug 06, 2026

Case Assigned to Judge Hector Gonzalez. 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)

Aug 06, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorney's Office re ECF No. 1 Petition for Writ of Habeas Corpus, filed by Jianwen Chen. The United States Attorney, as attorney for Respondents, is directed to show cause by 12:00 p.m. on August 10, 2026, in writing, why the petition should not be granted, and why Respondents should not be ordered to immediately release Petitioner from detention, in light of the Second Circuit's holding in Barbosa da Cunha v. Freden, 175 F.4th 61, 96 (2d Cir. 2026). The government shall also address whether Petitioner is being detained pursuant to 8 U.S.C. § 1225 or § 1226.If the government's position is that Petitioner was initially detained under § 1225 and is now properly detained under § 1226, its response shall show cause as to why such a theory is proper in light of Judge Reyes's decision in Pastrana-Beltran v. Mullin, No. 26-cv-2657, 2026 WL 1398609 (E.D.N.Y. May 19, 2026). If the government's position is that Petitioner was and continues to be properly detained under § 1226, it shall show cause as to why the petition should not be granted given this Court's decision in Quille v. Blanche, No. 26-cv-2818, 2026 WL 1453889 (E.D.N.Y. May 22, 2026).Alternatively, the government may waive its rights to a response and submit a letter or otherwise consent to Petitioner's release without prejudice to its rights on appeal.If the government chooses to file a response, counsel for Respondents must serve a copy of the response on Petitioner, with proof of such service to the Clerk of this Court. As part of its response, the government is directed to file, under seal if necessary, any records, documents, or other information in Petitioner's immigration file, as well as any underlying records relied upon in its submission not yet filed by Petitioner, and records indicating whether any property was seized from Petitioner at the time of arrest.If the government files a response, Petitioner is directed to file his reply, if any, by 4:00 p.m. on August 13, 2026, with proof of service.Service of a copy of this order, together with a copy of the petition, will be made by the Clerk of this Court through the electronic case filing system to the United States Attorney.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 (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 Southern District of New York. See Samb v. Joyce, No. 25-cv-6373, ECF No. 3 (S.D.N.Y. Aug. 4, 2025). Ordered by Judge Hector Gonzalez on 8/6/2026. (SM)

Aug 06, 2026

Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SDM)

#4

Aug 07, 2026

Extension of Time to File Document

Aug 10, 2026

Order on Motion for Extension of Time to File

#5

Aug 12, 2026

Response to Order to Show Cause

#6

Aug 13, 2026

Letter

Aug 13, 2026

Order to Show Cause (463)

#7

Aug 14, 2026

Extension of Time to File Document

#8

Aug 14, 2026

Reply in Support

Aug 14, 2026

Order on Motion for Extension of Time to File

#9

Aug 17, 2026

Letter

#10

Aug 21, 2026

ORDER DISMISSING CASE: For the reasons stated in the accompanying Order, the Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 is DENIED to the extent it challenges the constitutional adequacy of the initial custody determination , and DISMISSED for lack of jurisdiction to the extent it asks the Court to review ICE's discretionary determinations made during Petitioner's initial custody determination.For the avoidance of doubt, nothing in this Order shall be construed as a determination of Petitioner's right to seek a custody determination hearing before an Immigration Judge ("IJ") that comports with due process. At any such hearing, the IJ shall meaningfully consider alternatives to detention and Petitioner's ability to pay if a monetary bond is set.The Clerk of Court is respectfully directed to enter judgment consistent with this Order and close this case. Ordered by Judge Hector Gonzalez on 8/21/2026. (SM)

#11

Aug 24, 2026

Judgment - Clerk