Zhang v. Aviles et al.

Filing 14

ORDER: Accordingly, the parties advised the Court that Petitioner had received the relief sought in his Petition. The parties requested that the Petition be dismissed without prejudice. In light of the fact that Petitioner has received the reli ef sought in his Petition, the parties' acknowledgment that no further action is required in this case, and the parties' joint request for dismissal without prejudice, the Petition is hereby DISMISSED without prejudice to Petitioner 9;s ability to refile a habeas petition should future circumstances warrant it. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/2/2020) (rro)

Case 1:15-cv-05340-KPF Document 14 Filed 06/02/20 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)
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. On May 18, 2020, the Court
issued an Order requiring the parties to file a joint letter advising the Court as
to their positions regarding whether the Petition had been mooted by
developments following Judge Scheindlin’s July 29, 2015 Order. (Dkt. #12).

Case 1:15-cv-05340-KPF Document 14 Filed 06/02/20 Page 2 of 2

On June 1, 2020, the parties filed a joint letter stating that Petitioner
had received two bond hearings and had been released from custody in
December 2015. Accordingly, the parties advised the Court that Petitioner had
received the relief sought in his Petition. The parties requested that the
Petition be dismissed without prejudice.
In light of the fact that Petitioner has received the relief sought in his
Petition, the parties’ acknowledgment that no further action is required in this
case, and the parties’ joint request for dismissal without prejudice, the Petition
is hereby DISMISSED without prejudice to Petitioner’s ability to refile a habeas
petition should future circumstances warrant it. The Clerk of Court is directed
to terminate all pending motions, adjourn all remaining dates, and close this
case.
SO ORDERED.
Dated:

June 2, 2020
New York, New York

__________________________________
KATHERINE POLK FAILLA
United States District Judge

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