Southern District of California • 3:25-cv-02760

#1

Oct 16, 2025

Petition for Writ of Habeas Corpus Against Kristi Noem, Pamela Jo Bondi, Todd M. Lyons, Jesus Rocha, Christopher LaRose, (Filing fee $5.00 receipt number 164395.), filed by Tung Thanh Nguyen. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)The new case number is 3:25-cv-2760-TWR-KSC. Judge Todd W. Robinson and Magistrate Judge Karen S. Crawford are assigned to the case.(ggv)(jrd) (Entered: 10/17/2025)

#2

Oct 16, 2025

MOTION to Appoint Counsel by Tung Thanh Nguyen. (ggv) (Entered: 10/17/2025)

#3

Oct 16, 2025

MOTION for Temporary Restraining Order by Tung Thanh Nguyen. (ggv) (Entered: 10/17/2025)

#4

Oct 17, 2025

ORDER (1) Requiring Response to Petition for Writ of Habeas Corpus, (2) Granting Petitioner's Motion for Appointment of Counsel, (3) Granting In Part Petitioner's Motion for Temporary Restraining Order, (4) Ordering Respondents to Show Cause Why a TRO and/or Injunction Should Not Issue, and (5) Setting Show Cause Hearing (ECF Nos. 1, 2, 3 ). Attorney Federal Defenders for Tung Thanh Nguyen added. Order to Show Cause Hearing set for 10/23/2025 11:00 AM in Courtroom 14A before Judge Todd W. Robinson. Order to Show Cause Response due before 12:00 PM on 10/22/2025. Signed by Judge Todd W. Robinson on 10/17/2025. (All non-registered users served via U.S. Mail Service)(maq) (Entered: 10/17/2025)

#5

Oct 19, 2025

NOTICE of Appearance by Erin Dimbleby on behalf of Pamela Jo Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Jesus Rocha (Dimbleby, Erin)Attorney Erin Dimbleby added to party Pamela Jo Bondi(pty:res), Attorney Erin Dimbleby added to party Christopher LaRose(pty:res), Attorney Erin Dimbleby added to party Todd M. Lyons(pty:res), Attorney Erin Dimbleby added to party Kristi Noem(pty:res), Attorney Erin Dimbleby added to party Jesus Rocha(pty:res) (maq). (Entered: 10/19/2025)

#6

Oct 20, 2025

NOTICE of Service by Tung Thanh Nguyen (Hurrelbrink, Katherine)Attorney Katherine Marie Hurrelbrink added to party Tung Thanh Nguyen(pty:pet) (sjt). (Entered: 10/20/2025)

#7

Oct 20, 2025

MOTION to Shorten Time to File Proof of Service by Tung Thanh Nguyen. (Hurrelbrink, Katherine) (sjt). (Entered: 10/20/2025)

#8

Oct 20, 2025

NOTICE of Appearance by Katherine Marie Hurrelbrink on behalf of Tung Thanh Nguyen (Hurrelbrink, Katherine) (sjt). (Entered: 10/20/2025)

#9

Oct 22, 2025

NOTICE of Appearance by Kim A.C. Gregg on behalf of Pamela Jo Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Jesus Rocha (Gregg, Kim)Attorney Kim A.C. Gregg added to party Pamela Jo Bondi(pty:res), Attorney Kim A.C. Gregg added to party Christopher LaRose(pty:res), Attorney Kim A.C. Gregg added to party Todd M. Lyons(pty:res), Attorney Kim A.C. Gregg added to party Kristi Noem(pty:res), Attorney Kim A.C. Gregg added to party Jesus Rocha(pty:res) (sjt). (Entered: 10/22/2025)

#10

Oct 22, 2025

RESPONSE in Opposition re 3 MOTION for Temporary Restraining Order and 1 Habeas Petition filed by Pamela Jo Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Jesus Rocha. (Attachments: # 1 Exhibit 1. Notice to Appear, # 2 Exhibit 2. IJ Removal Order, # 3 Exhibit 3. Declaration of Ramon Meraz, # 4 Exhibit 4. Form I-205, Warrant for Removal, # 5 Exhibit 5. Formal Notice of Revocation of Release)(Gregg, Kim)(sjt). (Entered: 10/22/2025)

#11

Oct 22, 2025

ORDER Granting Petitioner's 7 Motion to Shorten Time. Good cause and/or excusable neglect appearing, see Fed. R. Civ. P. 6(b)(1), the Court GRANTS Petitioner Tung Thanh Nguyen's Motion to Shorten Time to File Proof of Service and ACCEPTS the proof of service filed at ECF No. 6 . (no document attached) (sxd) (Entered: 10/22/2025)

Oct 22, 2025

Order on Motion to Shorten Time

#12

Oct 23, 2025

Minute Entry for proceedings held before Judge Todd W. Robinson: Show Cause Hearing held on 10/23/2025. The Court finds that jurisdiction is proper notwithstanding the provisions of 8 USC sec. 1252(g) because the issue presented in the petition is the constitutionality of Petitioners detention and not the discretionary decision making of the Attorney General in the immigration context. The record establishes that Petitioner's detention is unlawful because his due process rights were violated when DHS failed to follow the requirements of 8 C.F.R. §§ 241.4 and 241.13. The government's assertion that Petitioner has suffered no prejudice as a result of that failure is contrary to Ninth Circuit precedent in Melendres v. Arpaio, 695 F.3d 990 (9th Cir. 2012) and Hernandez v. Sessions, 872 F.3d 976 (9th Cir. 2017). Petitioner was detained for approximately 16 or 17 months after he was ordered removed and has also been re-detained since May 12,2025. This Court finds that the detention is not reasonable under Zadvydas. Accordingly, Respondents are hereby ordered to release Petitioner from detention and restore his conditions of release prior to his detention on May 12, 2025, with no additional conditions imposed. Nothing in this Court's order should be interpreted as preventing Petitioner's removal to Vietnam, provided that Respondent obtains the necessary travel document for Petitioner. (Court Reporter/ECR Cami Kircher). (Plaintiff Attorney Katherine Hurrelbrink, FD). (Defendant Attorney AUSA Erin Dimbleby, Kim Gregg). (no document attached) (jao) (Entered: 10/23/2025)

Oct 23, 2025

Show Cause Hearing