Yan v. Grant et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA

XUETAN YAN, )
)
Petitioner, )
)
v. ) Case No. CIV-26-1323-J
)
CHRIS GANTT, et al., )
)
Respondents. )

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.

Case 5:26-cv-01323-J Document 15 Filed 08/14/26 Page 1 of 2

2

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

Case 5:26-cv-01323-J Document 15 Filed 08/14/26 Page 2 of 2