| Man from China Detained by
ICE Since Nov 17 Filed Habeas now
Filing Due Jan 2
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
Exclusive,
Dec 31 – 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... Chen v.
Almodovar, No. 25 Civ. 8350
(MKV).
On December 22
the US Attorney's Office wrote
in acknowledging that has
become the majority view by an
"overwhelming" margin in the
District - but that the 2d
Circuit and Supreme Court have
not addressed it.
On December 31
Judge Rearden docketed, "By
January 2, 2026, the parties
shall file a letter or letters
updating the Court on the
status of Petitioner's
immigration proceedings,
including the outcome of the
December 23, 2025 hearing."
The case is
Weng v. Genalo, et al.,
1:25-cv-9595 (Rearden)
***
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