Zhang v. Aviles et al.

Filing 12

SCHEDULING ORDER: In light of these developments, the parties are hereby ORDERED to file letters on or before June 2, 2020, advising the Court as to their positions regarding whether the Petition has been mooted, and if they believe it has not be en mooted, proposing next steps in this proceeding. If the parties believe the matter has not been mooted, they are further directed to provide the Court with the names of the public officers who succeeded the named Defendants in their official positions, so the case caption can be updated pursuant to Federal Rule of Civil Procedure 25(d). SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/18/2020) (rro)

Case 1:15-cv-05340-KPF Document 12 Filed 05/18/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
YUN ZHOU ZHANG,
Petitioner,
-v.OSCAR AVILES, in his official capacity as
Warden of Hudson County Correctional
Facility, CHRISTOPHER SHANAHAN, in his
official capacity as New York Field Office
Director for U.S. Immigration and Customs
Enforcement, JEH JOHNSON, in his Official
Capacity as Secretary of Homeland Security,
and LORETTA LYNCH, in her official capacity
as Attorney General of the United States,

15 Civ. 5340 (KPF)
SCHEDULING ORDER

Respondents.
KATHERINE POLK FAILLA, District Judge:
On July 29, 2015, the Honorable Shira A. Scheindlin entered an Order
requiring the Government to provide Petitioner with an individualized bond
hearing within fifteen days and closing this case. (Dkt. #7). On September 28,
2015, Respondents filed a notice of appeal of that decision. (Dkt. #9). On April
27, 2020, the Second Circuit Court of Appeals remanded this matter for further
consideration in light of the Supreme Court’s decisions Nielsen v. Preap, 139 S.
Ct. 954 (2019), and Jennings v. Rodriguez, 138 S. Ct. 830 (2018). The matter
was reassigned to this Court on April 28, 2020.
The Court has been advised that Petitioner was given an individualized
bond hearing on August 5, 2015, that was continued to September 15, 2015,
at which time the presiding immigration judge denied Petitioner bond. The
Court has been further advised that Petitioner was granted a second bond

Case 1:15-cv-05340-KPF Document 12 Filed 05/18/20 Page 2 of 2

hearing based upon changed circumstances, which resulted in Petitioner being
granted bond. Petitioner was released from ICE custody on December 30,
2015, and remains at liberty. Finally, the Court has been advised that an
immigration judge granted Petitioner’s application for relief from removal on
July 13, 2018, that the Government appealed that decision to the Board of
Immigration Appeals, and that the appeal remains pending.
In light of these developments, the parties are hereby ORDERED to file
letters on or before June 2, 2020, advising the Court as to their positions
regarding whether the Petition has been mooted, and if they believe it has not
been mooted, proposing next steps in this proceeding. If the parties believe the
matter has not been mooted, they are further directed to provide the Court with
the names of the public officers who succeeded the named Defendants in their
official positions, so the case caption can be updated pursuant to Federal Rule
of Civil Procedure 25(d).
SO ORDERED.
Dated:

May 18, 2020
New York, New York

__________________________________
KATHERINE POLK FAILLA
United States District Judge

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