Western District of New York • 1:26-cv-02257

#1

Oct 06, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-6017884.), filed by Xiaoxiang Wu. (Attachments: # 2 Text of Proposed Order OSC (draft)) (Ye, Ning) Modified on 10/7/2026 (CT). (Entered: 10/06/2026)

#2

Oct 06, 2026

MOTION for Temporary Restraining Order with Proposed Order by Xiaoxiang Wu. (CT) (Entered: 10/07/2026)

#3

Oct 07, 2026

TEXT ORDER. Through counsel, Petitioner filed a petition seeking relief under 28 U.S.C. § 2241. Dkt. 1. He also moved for a temporary restraining order ("TRO"). Dkt. 2. There is no need to interfere with the Department of Homeland Security's authority to "arrange for appropriate places of detention for aliens detained pending removal or a decision on removal[,]" under Title 8, United States Code, Section 1231(g)(1), because this Court will retain jurisdiction over Petitioner's habeas petition regardless of where he is transferred. See Santillanes v. U.S. Parole Comm'n, 754 F.2d 887, 888 (10th Cir. 1985) ("It is well established that jurisdiction attaches on the initial filing for habeas corpus relief, and it is not destroyed by a transfer of the petitioner and the accompanying custodial change."). Moreover, 8 U.S.C. § 1252(g) bars this Court from enjoining Respondents from removing Petitioner from the United States while this proceeding is pending. See Reno v. Am.-Arab Anti-Discrimination Comm., 525 U.S. 471, 482 (1999); Delgado v. Quarantillo, 643 F.3d 52, 53 (2d Cir. 2011). The Court has considered Petitioner's additional arguments, but those arguments do not entitle him to a TRO here. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (moving party must establish: (1) a likelihood of irreparable harm absent preliminary relief; (2) a likelihood of success on the merits; (3) the balance of equities tipping in favor of the moving party; and (4) that the public interest is served by an injunction); see also Starbucks Corp. v. McKinney, 602 U.S. 339, 346 (2024) ("The default rule is that a plaintiff seeking a preliminary injunction must make a clear showing that 'he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.'") (quoting Winter, 555 U.S. at 20); Jones v. Wolf, 467 F. Supp. 3d 74, 81 (W.D.N.Y. 2020) (the "same standard" governs consideration of an application for a temporary restraining order). Petitioner's motion (Dkt. 2), therefore, is denied. Respondents shall respond to the petition by October 21, 2026. Petitioner's response is due by October 28, 2026. The Clerk of Court shall serve a copy of the second petition (Dkt. 1) and this text order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 10/7/2026. (KEF) (Entered: 10/07/2026)

Oct 07, 2026

Case Assigned to Hon. John L. Sinatra, Jr. Notification to chambers of online civil opening. (CT)

Oct 07, 2026

Remark. Chambers sent Dkt. 1 and Dkt. 3 to USANYW-Immigration-Habeas@usdoj.gov. (KEF)

Oct 07, 2026

E-Filing Notification regarding 1 PETITION: Attorney is directed to file a civil cover sheet (JS-44), pursuant to Local Rule 3. Please docket using the Continuation of Exhibits event located within the Responses and Replies category. (CT)

Oct 07, 2026

E-Filing Notification regarding 1 PETITION: Clerk's Office removed Motion for Temporary Restraining Order and re-docketed it at #2 Motion. For future reference, all Motions must be filled separately. (CT)

Oct 07, 2026

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636(c) and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (CT)