Yan v. Grant

Aug 14, 2026
5:26-cv-01323

ORDER

Petitioner Xuetan Yan, an Chinese citizen, is currently in the custody of Immigration and Customs Enforcement. He has filed a petition for writ of habeas corpus challenging that detention. (Petition) [Doc. No. 1]. The matter was referred to United States Magistrate Judge Amanda L. Maxfield consistent with 28 U.S.C. § 636(b)(1)(B), (C). Judge Maxfield issued a Report and Recommendation recommending that the Court: (1) grant the Petition in part and (2) order Respondents to provide Petitioner with a bond hearing within seven days or otherwise release him. [Doc. No. 14]. Neither party objected by the August 6, 2026 deadline and all have waived de novo review. See Casanova v. Ulibarri, 595 F.3d 1120, 1123 (10th Cir. 2010).

Accordingly, the Report and Recommendation [Doc. No. 14] is ADOPTED and the Petition [Doc. No. 1] is GRANTED IN PART. The Court ORDERS Respondents to provide Petitioner with a bond hearing pursuant to 8 U.S.C. § 1226(a) within seven days of the date of this Order, or release Petitioner if no hearing occurs within that period. Respondents shall certify compliance within ten days of the date of this Order.

A separate judgment will enter.

IT IS SO ORDERED this 14th day of August, 2026.

BERNARD M. JONES, II

UNITED STATES DISTRICT JUDGE