| Yunseo Chung Gets
Preliminary Injunction After ICE
Will Not Serve Lawyer or Show NTA
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
June 5 – Yunseo Chung filed on
March 24 seeking a temporary
restraining order against
detention and removal. At 3 pm
on March 25 U.S. District
Court for the Southern
District of New York Senior
Judge Naomi Reice Buchwald
held an emergency hearing.
Inner City Press was there. thread
On April 4
Chung's lawyer filed
requesting all "materials
underlying the warrant issued
on March 13, 2025, authorizing
federal law enforcement to
search for and seize documents
from Ms. Chung’s Columbia
University-owned residence" -
full request on Patreon here
On April 10
Chung's lawyer, attaching the
memo filed in Louisiana
immigration court on Mahmoud
Khalil, but not the
attachments to it, asked for
discovery, including a
deposition, presumably of an
ICE or State Department
official.
On April 11 the
Administration moved to
dismiss.
After a
proceeding that Inner City
Press tweeted, on June 4 these
answers: "the Court asked
whether U.S. Immigration and
Customs Enforcement (“ICE”)
would agree to serve a Notice
to Appear (“NTA”) on Yunseo
Chung’s counsel rather than
through personal service
effectuated after an arrest.1
The answer is no. ICE has
broad discretion over actions
and decisions to conduct
arrests and initiate removal
proceedings, including the
manner in which it serves an
NTA. Separately, the Court had
asked for a copy of Chung’s
NTA. ICE has confirmed that an
NTA has not yet been issued
for Chung, as ICE typically
issues and serves the NTA
during processing that occurs
after an arrest is made."
On June 5, Judge
Buchwald issued a PI: "It is
hereby ORDERED that
defendants- respondents are
preliminarily enjoined as
follows : (1)
Defendants-Respondents are
enjoined from detaining and/or
arresting the plaintiff-
petitioner pending further
order of this Court. (2)
Defendants-Respondents are
enjoined from transferring the
plaintiff-petitioner from the
jurisdiction of this District
pending further order of this
Court. (3) Should
defendants-respondents seek to
detain plaintiff-petitioner on
any asserted basis other than
pursuing her removal under 8
U.S. C. § 1227 (a) (4) (C),
defendants-respondents are
ordered to provide seventy-two
hours' advance notice to the
Court and counsel, in order to
enable plaintiff-petitioner an
opportunity to be heard
regarding whether any such
asserted basis for detention
constitutes a pretext for
First Amendment retaliation.
(4) The bond requirement of
Federal Rule of Civil
Procedure 65 (c) is waived.
(Signed by Judge Naomi Reice
Buchwald on 6/5/2025)."
More on X for
Subscribers
here and Substack here
The case is Chung
v. Trump, et al., 1:25-cv-2412
(Buchwald)
***
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