Zhang v. Aviles
- Katherine Failla
- 1:15-cv-05340
- U.S. District Court · Southern District of New York
- 2
In Zhang v. Aviles, Judge Failla dismissed the habeas petition without prejudice because Zhang received bond hearings and release, providing the requested relief.
Yun Zhou Zhang and the respondents, including officials sued in their official capacities. The case was closed after Zhang received two bond hearings and was released from custody.
What happened
In Zhang v. Aviles, Yun Zhou Zhang sought an individualized bond hearing while detained. The Second Circuit sent the case back for further consideration after later Supreme Court decisions, and the court asked the parties whether later events had ended the dispute.
The parties reported that Zhang had received two bond hearings and had been released from custody in December 2015. They agreed that Zhang had received the requested relief and jointly asked the court to dismiss the petition without prejudice.
Judge Katherine Polk Failla dismissed the petition without prejudice, allowing Zhang to file a new habeas petition if future circumstances warranted it. She also terminated pending motions, canceled remaining dates, and closed the case.
The detailed version
- Zhang v. Aviles · No. 1:15-cv-05340
- Katherine Failla
- June 2, 2020
Background
Yun Zhou Zhang filed a petition seeking an individualized bond hearing. On July 29, 2015, Judge Shira A. Scheindlin ordered the Government to provide that hearing within fifteen days and closed the case. The respondents appealed.
On April 27, 2020, the Second Circuit sent the matter back for further consideration in light of the Supreme Court’s decisions in Nielsen v. Preap and Jennings v. Rodriguez. The matter was reassigned to Judge Katherine Polk Failla on April 28, 2020.
Parties’ Joint Report
Judge Failla asked the parties to address whether later developments had made the petition moot, meaning that no further court relief was needed. The parties reported that Zhang had received two bond hearings and had been released from custody in December 2015. They stated that Zhang had received the relief sought and jointly requested dismissal without prejudice.
Ruling
The court dismissed the petition without prejudice because Zhang had received the requested relief and the parties agreed that no further action was required. This preserved Zhang’s ability to file another habeas petition if future circumstances warranted it. The court also directed the Clerk of Court to terminate all pending motions, adjourn remaining dates, and close the case.
Classification
This is a procedural order because the court dismissed the petition after the requested relief had been provided, without deciding the underlying legal issues discussed in the earlier proceedings.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.