Miles Guo Court Documents · Doc 788
The petitioner asks the appeals court to remove filing restrictions and recuse the district judge, claiming due process violations and bias.
摘要
Pro Se Petition for Writ of Mandamus · Chunk Chyi
This 43-page document is a pro se petition for a writ of mandamus filed by Chunk Chyi (real name: Chunhong Qi) in the U.S. Court of Appeals for the Second Circuit (Case No. 26-77, docketed January 14, 2026) in In re: Chunk Chyi, related to United States v. Kwok, et al., 1:23-cr-00118-AT (S.D.N.Y.). Petitioner's contact information: 181 E. Tasman Dr. Suite 20, PMB #364, San Jose CA 95134, baoliao2019@gmail.com, +1 (510) 371-5615. Executed on January 7, 2026.
I. Introduction
The petitioner self-identifies as a crime victim appearing pro se under the Crime Victims' Rights Act (CVRA), 18 U.S.C. § 3771. The petition seeks a writ of mandamus compelling Judge Torres to recuse from all proceedings in this matter. The petitioner states he "was the first person in this case to intervene as a pro se petitioner to expose procedural failures and injustices," raising concerns about:
- Prosecution procedural problems;
- Improper creditor registration.
Enclosed Materials
The filing transmits:
- Exhibit A: SDNY Order 528;
- Exhibit B: SDNY Order 596 (the filing restriction the petitioner challenges);
- Exhibit C: Second Circuit order for case 25-2726 (the Ranyue Bai mandamus denial, case-doc-794);
- Exhibit D: Second Circuit case 25-2726 Dkt. 26, Exhibit D, Expanded Supplement Mandamus Petition;
- Exhibit E: Second Circuit case 25-2726 Dkt. 29, Letter advising the Court of recent developments;
- Exhibit F: Evidence that the petitioner asserts shows Order 596 is based on false factual premises;
- A money order for $600 filing fee;
- Certificate of service.
Legal Theories
The petition advances:
- Due-process violations: the district court's handling of the petitioner's prior submissions;
- Bias as a ground for recusal: under 28 U.S.C. § 455;
- CVRA enforcement: under 18 U.S.C. § 3771(d)(3);
- Challenge to filing-restriction order (Order 596): as based on what the petition argues are false factual premises.
Relief Requested
The petition asks the Second Circuit to:
- Issue a writ of mandamus compelling Judge Analisa Torres to recuse from all proceedings in United States v. Kwok et al.;
- Lift the filing restrictions imposed by SDNY Order 596;
- Provide such other relief as may be appropriate.