| Man from China Detained by
ICE Since Nov 17 Filed Habeas now
Filings Due December 22
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
Exclusive,
Dec 16 – A man from China who
entered the United States on
November 9, 2024 though
Tecate, California and was
released has been detained by
ICE since November 17, 2025.
That same
day he filed a habeas corpus
petition in the U.S. District
Court for the Southern
District of New York, where
Inner City Press found
it.
The case
was assigned to SDNY Judge
Jennifer H. Rearden, who set a
November 25 hearing and a
briefing schedule before
that.
The US
Attorney's Office filed eight
exhibits, back to the Tecate,
California entry. On Sunday,
November 23 the petitioner,
represented by a lawyer on
Chinatown's Mott Street,
replied that since detention
is under 8 USC 1226(a) and not
8 USC 1225(b)(2), the
petitioner should be
released.
On November 25,
Inner City Press live tweeted
the hour-long proceeding.
There are two lines of cases
in the SDNY, it emerged, with
Judges Castel and Koeltl
sending petititioners back to
exhaust their administrative
remedies in the immigration
court, and Judge Failli (and
Ho) releasing petitioners.
More on X for
Subscribers here
and Substack here
On December 16
Judge Rearden ordered "By
December 22, 2025, each party
shall file a letter addressing
(1) the extent to which 8
U.S.C. § 1226(b) governs the
revocation of a conditional
parole that was granted
pursuant to 8 U.S.C. §
1226(a)(2)(B), ECF No. 7-2;
(2) the import in that regard,
if any, of the express
references to section 236 of
the INA in the 2024 and 2025
Warrants in this case, see ECF
No. 8 6-10; see Chen v.
Almodovar, No. 25 Civ. 8350
(MKV), 2025 WL 3484855, at *8
(S.D.N.Y. Dec. 4, 2025)
(Section 1226 provides that if
the government exercises
discretion to release an
alien, pursuant to 1226(a),
the government at any time may
decide to rearrest the alien
under the original warrant.
(quoting 8 U.S.C. §
1226(b)(emphasis added)); (3)
whether Petitioners 2025
arrest was under the original
warrant, see 8 U.S.C. §
1226(b) "
The case is
Weng v. Genalo, et al.,
1:25-cv-9595 (Rearden)
***
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