Lin v. Francis
- Paul Engelmayer
- 1:25-cv-10001
- U.S. District Court · Southern District of New York
- 2
In Yan Lin v. Francis, Judge Engelmayer ordered briefing on a Section 2241 petition and barred removal while the court considers it.
Yan Lin, the defendants, and the U.S. Attorney’s Office for the Southern District of New York; the order also temporarily restricts Yan Lin’s removal from the United States.
What happened
Yan Lin filed a petition under Section 2241 in Yan Lin v. Ladeon Francis et al. The order does not explain the petition’s underlying allegations or requested relief.
The court directed the Clerk to notify the U.S. Attorney’s Office for the Southern District of New York. That office must file an answer or other response by December 9, 2025, and Yan Lin may file a reply by December 15, 2025.
Judge Paul A. Engelmayer also ordered that Yan Lin not be removed from the United States unless and until the court orders otherwise. The order says this restriction is meant to preserve the court’s authority to decide the petition; it does not decide the petition’s merits.
The detailed version
- Lin v. Francis · No. 1:25-cv-10001
- Paul Engelmayer
- Dec. 3, 2025
Background
Yan Lin filed a petition under 28 U.S.C. § 2241. The opinion does not describe the petition’s factual allegations, the relief requested, or the parties’ underlying dispute.
Court’s Order
After examining the petition, the court directed the Clerk of Court to electronically notify the Civil Division of the U.S. Attorney’s Office for the Southern District of New York that the order had issued. The U.S. Attorney’s Office must file an answer or other pleadings responding to the petition by Tuesday, December 9, 2025. Yan Lin may file reply papers by Monday, December 15, 2025.
The court also ordered that Yan Lin not be removed from the United States unless and until the court orders otherwise. The order explains that this restriction is intended to preserve the court’s jurisdiction—the court’s authority to decide the case—while the petition is pending. It cites decisions applying the federal All Writs Act, which allows courts to protect their jurisdiction.
Disposition and Scope
This order sets a response schedule and temporarily prevents removal; it does not grant or deny the Section 2241 petition and does not decide its merits. Judge Paul A. Engelmayer entered the order on December 3, 2025.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.