Dung Quoc Nguyen v. Kristi Noem, et al.
- Proceeding
- original
- Outcome
- other — 28 Accordingly, the Court issues the following writ: I The Court ORDERS Respondents to immediately release Petitioner Dung 7 Quoc Nguyen, A027 -298-021, from custody under the same conditions of release that existed before his re-detentio
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The court considered a petition for a writ of habeas corpus and a motion for injunctive relief filed by a detained non-citizen. The court granted both, ordering the petitioner's immediate release and prohibiting removal to any country other than Vietnam or the Philippines without notice and a hearing.
| What the court decided | The model |
|---|---|
Granting Petition for Writ of Habeas Corpus“For the reasons expressed at the hearing, the Court GRANTS the Petition and the Motion for Injunctive Relief.” | unsure The court applied the standard from Zadvydas v. Davis, finding that detention violates the statute when there is no reasonable likelihood of removal in the reasonably foreseeable future. It also cited a violation of 8 C.F.R. § 241.13 regarding re-detention requirements. The order states the finding but relies on 'reasons expressed at the hearing' for the full analysis, making it difficult to verify the specific factual findings regarding the 'reasonable likelihood' without the transcript. However, the legal framework cited is the correct one for this type of challenge. |
Granting Motion for Injunctive Relief“The Court also finds it appropriate to grant permanent injunctive relief as follows: Respondents are PROHIBITED from removing Petitioner Dung Quoc Nguyen, A027-298-02 I, to any country other than Vietnam or the Philippines without providing Petitioner with notice and an opportunity to be heard.” | unsure The court grants permanent injunctive relief restricting removal destinations. While the order does not explicitly state the standard for injunctive relief (irreparable harm, likelihood of success, etc.), it is tied to the habeas finding. The restriction to specific countries (Vietnam or Philippines) suggests a factual finding about where the petitioner can be removed to, which is not detailed in the order itself. |
Ordering Immediate Release“The Court ORDERS Respondents to immediately release Petitioner Dung Quoc Nguyen, A027 -298-021, from custody under the same conditions of release that existed before his re-detention.” | agree with court This is the direct remedy for the granted habeas petition. The condition of release is specified as 'same conditions... before his re-detention.' |
The order itself: sound with gaps — The order is very brief and relies heavily on 'reasons expressed at the hearing' rather than providing a written analysis of the facts and law. It cites the correct controlling precedent (Zadvydas) and the relevant regulation. However, it does not explain *why* there is no reasonable likelihood of removal or how the regulatory requirements were violated, nor does it detail the basis for the specific countries named in the injunction. This makes the reasoning incomplete on the face of the document.
How this analysis was made · dispute it
record incomplete record incompleteOpinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DUNG QUOC NGUYEN, Case No. 25-cv-02791-BAS-KSC 12 Petitioner, ORDER: 13 v. (1) GRANTING PETITION FOR 14 KRISTI NOEM, et al., WRIT OF HABEAS CORPUS 15 Respondents. (ECF No. 1); AND 16 (2) GRANTING MOTION FOR 17 INJUNCTIVE RELIEF (ECF No. 3) 18 20 Petitioner Dung Quoc Nguyen filed a Petition for Writ of Habeas Corpus pursuant 21 to 28 U.S.C. § 2241, as well as a Motion for Injunctive Relief. (ECF Nos. 1, 3.) After the 22 Petition was fully briefed, the Court held a hearing on the Petition. 23 For the reasons expressed at the hearing, the Court GRANTS the Petition and the 24 Motion for Injunctive Relief. Specifically, the Court finds Petitioner’s detention violates 25 Zadvydas v. Davis, 533 U.S. 678 (2001), because there is no reasonable likelihood of 26 removal in the reasonably foreseeable future. The Court also finds that Petitioner’s 27 detention violated the regulatory requirements for re-detention. See 8 C.F.R. § 241.13. 28 Accordingly, the Court issues the following writ: I The Court ORDERS Respondents to immediately release Petitioner Dung 7 Quoc Nguyen, A027 -298-021, from custody under the same conditions of release that existed before his re-detention. 3 4 || The Court also finds it appropriate to grant permanent injunctive relief as follows: 5 Respondents are PROHIBITED from removing Petitioner Dung Quoc 6 Nguyen, A027-298-02 I, to any country other than Vietnam or the Philippines without providing Petitioner with notice and an opportunity to be heard. 7 8 The Clerk of Court shall close the case. 9 IT IS SO ORDERED. 10 11 || DATED: November 7, 2025 id (Diphars 2 Hon. Cynthia Bashant, Chief Judge United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~_9_