Central District of California • 5:25-cv-03348
Hen Ky Ton v. Kristi Noem
Completed
Case Information
Filed: December 11, 2025
Assigned to:
Daniel S. Roberts
Referred to:
Daniel S. Roberts
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federal)
Completed: August 10, 2026
Last Activity:
August 10, 2026
Parties:
View All Parties →
Docket Entries
#1
Dec 11, 2025
PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), with In Forma Pauperis request, filed by Petitioner Hen Ky Ton. (Attorney Daniel Lemer added to party Hen Ky Ton(pty:pet))(Lemer, Daniel) (Entered: 12/11/2025)
#2
Dec 11, 2025
CIVIL COVER SHEET filed by Petitioner Hen Ky Ton. (Lemer, Daniel) (Entered: 12/11/2025)
Main Document:
Civil Cover Sheet (CV-71)
#3
Dec 11, 2025
[CONVERTED TO A MOTION FOR PRELIMINARY INJUNCTION PER DOC. NO. 6] APPLICATION for Temporary Restraining Order as to Detention and Removal filed by Petitioner Hen Ky Ton. (Attachments: # 1 Proposed Order) (Lemer, Daniel) Modified on 12/11/2025 (gk). (Entered: 12/11/2025)
#4
Dec 11, 2025
REQUEST for Appointment of Counsel and Request to Proceed In Forma Pauperis filed by Petitioner Hen Ky Ton. (Attachments: # 1 Proposed Order) (Lemer, Daniel) (Entered: 12/11/2025)
Main Document:
Appointment of Counsel
#5
Dec 11, 2025
NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Dolly M. Gee and referred to Magistrate Judge Daniel S. Roberts, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (et) (Entered: 12/11/2025)
Main Document:
Notice of Reference to US Magistrate Judge (CV-84) (Habeas) - optional html form
#6
Dec 11, 2025
MINUTES OF IN CHAMBERS - ORDER CONVERTING APPLICATION FOR TEMPORARY RESTRAINING ORDER TO MOTION FOR PRELIMINARY INJUNCTION AND SCHEDULING HEARING AND GRANTING IN PART REQUEST FOR APPOINTMENT OF COUNSEL AND IN FORMA PAUPERIS APPLICATION by Judge Dolly M. Gee: Petitioner has filed an Application for a Temporary Restraining Order ("TRO") 3 and a Request for Appointment of Counsel and to Proceed In Forma Pauperis ("IFP") 4 . The GRANTS the request for the appointment of counsel. The Court DEFERS ruling on the request to proceed IFP until Petitioner completes and files an application to proceed IFP in this action. The Court sua sponte converts the Application for TRO to a Motion for Preliminary Injunction ("MPI"). The opposition brief shall be filed by 12/16/2025; the reply brief, if any, shall be filed by 12/19/2025; and the hearing is scheduled for 12/22/2025 at 10:00 AM. In the interim, to facilitate the orderly resolution of this action, the Government shall ensure that Petitioner remains within this judicial district and is able to appear at the December 22 hearing. Petitioner shall serve a copy of this Order on Respondents and shall file a request to proceed IFP on the Court's form forthwith. Court Reporter: Not Reported. (gk) (Entered: 12/11/2025)
Main Document:
Appoint Counsel
#7
Dec 16, 2025
NOTICE of Appearance filed by attorney Erika Suzanne Rojas on behalf of Respondents Pamela J. Bondi, Thomas Giles, Kristi Noem, James Pilkington, Warden, Geo Group, Inc., Adelanto Detention Facility (Attorney Erika Suzanne Rojas added to party Pamela J. Bondi(pty:res), Attorney Erika Suzanne Rojas added to party Thomas Giles(pty:res), Attorney Erika Suzanne Rojas added to party Kristi Noem(pty:res), Attorney Erika Suzanne Rojas added to party James Pilkington(pty:res), Attorney Erika Suzanne Rojas added to party Warden, Geo Group, Inc., Adelanto Detention Facility(pty:res))(Rojas, Erika) (Entered: 12/16/2025)
Main Document:
Appearance
#8
Dec 16, 2025
Opposition to Petitioner's Motion for Preliminary Injunction In Opposition re: MOTION for Preliminary Injunction 3 filed by Respondents Pamela J. Bondi, Thomas Giles, Kristi Noem, James Pilkington, Warden, Geo Group, Inc., Adelanto Detention Facility. (Attachments: # 1 Declaration Jorge Suarez, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Rojas, Erika) (Entered: 12/16/2025)
#9
Dec 19, 2025
REPLY In Support of MOTION for Preliminary Injunction 3 filed by Petitioner Hen Ky Ton. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Lemer, Daniel) (Entered: 12/19/2025)
#10
Dec 21, 2025
Notice of Appearance or Withdrawal of Counsel: for attorney Pushkal Mishra counsel for Respondents Pamela J. Bondi, Thomas Giles, Kristi Noem, James Pilkington, Warden, Geo Group, Inc., Adelanto Detention Facility. Adding Pushkal Mishra as counsel of record for Respondents for the reason indicated in the G-123 Notice. Filed by Respondents Respondents. (Attorney Pushkal Mishra added to party Pamela J. Bondi(pty:res), Attorney Pushkal Mishra added to party Thomas Giles(pty:res), Attorney Pushkal Mishra added to party Kristi Noem(pty:res), Attorney Pushkal Mishra added to party James Pilkington(pty:res), Attorney Pushkal Mishra added to party Warden, Geo Group, Inc., Adelanto Detention Facility(pty:res))(Mishra, Pushkal) (Entered: 12/21/2025)
Main Document:
Notice of Appearance or Withdrawal of Counsel (G-123)
#11
Dec 22, 2025
MINUTES OF Motion for Preliminary Injunction 3 held before Judge Dolly M. Gee: The Court and counsel confer. Counsel informs the Court they submit to the tentative ruling. The Court advises counsel the tentative ruling stands and a written order will issue. Court Reporter: Myra Ponce. (chk) (Entered: 12/22/2025)
Main Document:
Motion Hearing
#12
Dec 22, 2025
ORDER RE MOTION FOR PRELIMINARY INJUNCTION 3 by Judge Dolly M. Gee: The MPI is GRANTED and Respondents shall restore Petitioner Hen Ky Ton to the status quo ante by immediately releasing Ton from custody, subject to the conditions of his prior OSUP. Respondents shall not transfer Ton out of this District during the pendency of these habeas proceedings. By December 29, 2025, the parties shall file a joint status report regarding Respondents' compliance with this Order. (SEE DOCUMENT FOR FURTHER DETAILS) (chk) (Entered: 12/22/2025)
#13
Dec 23, 2025
REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by Petitioner Hen Ky Ton. (Lemer, Daniel) (Entered: 12/23/2025)
Main Document:
Proceed In Forma Pauperis with Declaration in Support (CV-60)
#14
Dec 23, 2025
Notice of Filing Supplemental Exhibits filed by Petitioner Hen Ky Ton. (Lemer, Daniel) (Entered: 12/23/2025)
#15
Dec 29, 2025
STATUS REPORT [Joint] filed by Petitioner Hen Ky Ton. (Lemer, Daniel) (Entered: 12/29/2025)
#16
Jan 08, 2026
ORDER by Magistrate Judge Daniel S. Roberts: granting 13 REQUEST to Proceed in Forma Pauperis with Declaration in Support. (hr) (Entered: 01/09/2026)
Main Document:
Proceed In Forma Pauperis with Declaration in Support (CV-60)
#17
Jan 08, 2026
ORDER REQUIRING RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS by Magistrate Judge Daniel S. Roberts. IT IS ORDERED that: Within fourteen (14) days of the date of this Order, Respondent shall file and serve a Notice of Appearance. (SEE DOCUMENT FOR FURTHER DETAILS). Notice: The court has issued a ruling on preliminary review. Pursuant to the Agreement on Acceptance of Service between the Clerk of Court and the United States Attorneys Office, this Notice constitutes service under Fed. R. Civ. P. 4. (Attachments: # 1 Petition, # 2 Blank Consent Form) (hr) (Entered: 01/09/2026)
Main Document:
Order Requiring Return/Answer to Petition
#18
Feb 23, 2026
Renewed NOTICE of Appearance filed by attorney Erika Suzanne Rojas on behalf of Respondents Pamela J. Bondi, Thomas Giles, Kristi Noem, James Pilkington, Warden, Geo Group, Inc., Adelanto Detention Facility (Rojas, Erika) (Entered: 02/23/2026)
Main Document:
Appearance
#19
Feb 23, 2026
ANSWER to Petition for Writ of Habeas Corpus 1 filed by Respondents Pamela J. Bondi, Thomas Giles, Kristi Noem, James Pilkington, Warden, Geo Group, Inc., Adelanto Detention Facility.(Rojas, Erika) (Entered: 02/23/2026)
Main Document:
Answer to Complaint
#20
Mar 25, 2026
REPLY In Support of Petition for Writ of Habeas Corpus filed by Petitioner Hen Ky Ton. (Lemer, Daniel) (Entered: 03/25/2026)
Main Document:
Reply (Motion related)
#21
Aug 04, 2026
(IN CHAMBERS) ORDER TO SHOW CAUSE WHY FINAL JUDGMENT SHOULD NOT BE ENTERED ON TERMS OF PRELIMINARY INJUNCTION by Magistrate Judge Daniel S. Roberts. A status conference in the above-referenced matter is hereby set for August 13, 2026, at 11:00 a.m. in Courtroom 690 of the Roybal Federal Building and Courthouse. The parties are ordered to show cause at the status conference why the preliminary relief entered by the District Judge should not be converted immediately to a final judgment on the merits for the same reasons and on the same terms provided in the order granting preliminary relief. See 28 U.S.C. § 2243; Fed. R. Civ. P. 56(f); cf. Fed. R. Civ. P. 65(a)(2). The parties may discharge this show-cause order by filing a stipulation and proposed judgment granting the 28 U.S.C. § 2241 petition for the same reasons and on the same terms already provided in the District Judge's order granting preliminary relief no later than August 10, 2026. If the parties file a stipulation and proposed judgment granting the petition, the parties do not have to appear at the August 13, 2026, status conference. IT IS SO ORDERED. (SEE ORDER FOR FURTHER DETAILS.) (lkr) (Entered: 08/04/2026)
#22
Aug 07, 2026
STIPULATION for Judgment as to GRANT OF PETITION AND ENTRY OF JUDGMENT UNDER 28 U.S.C. § 2241 filed by Petitioner Hen Ky Ton. (Attachments: # 1 Proposed Order)(Lemer, Daniel) Modified on 8/10/2026 (lkr). (Entered: 08/07/2026)
Main Document:
Judgment
#23
Aug 07, 2026
CONSENT TO PROCEED before Magistrate Judge, in accordance with Title 28 United States Code Section 636(c) and F.R.CIV.P 73(b), filed by Petitioner Hen Ky Ton. (Lemer, Daniel) (Entered: 08/07/2026)
Main Document:
Consent to Proceed before U S Magistrate Judge (non-AUSA)
#24
Aug 07, 2026
The assigned District Judge approves the parties' consent to a Magistrate Judge. Accordingly, the case will be reassigned. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dd) TEXT ONLY ENTRY (Entered: 08/07/2026)
Aug 07, 2026
District Judge Response to Immigration 2241 Consent
#25
Aug 10, 2026
Notice of Appearance or Withdrawal of Counsel: for attorney Chung Hae Han counsel for Respondents Pamela J. Bondi, Thomas Giles, Kristi Noem, James Pilkington, Warden, Geo Group, Inc., Adelanto Detention Facility. Adding Chung H. Han as counsel of record for Kristi Noem, Pamela Bondi, Thomas Giles, James Pilkington, Warden for the reason indicated in the G-123 Notice. Filed by Respondents Kristi Noem, Pamela Bondi, Thomas Giles, James Pilkington, Warden. (Attorney Chung Hae Han added to party Pamela J. Bondi(pty:res), Attorney Chung Hae Han added to party Thomas Giles(pty:res), Attorney Chung Hae Han added to party Kristi Noem(pty:res), Attorney Chung Hae Han added to party James Pilkington(pty:res), Attorney Chung Hae Han added to party Warden, Geo Group, Inc., Adelanto Detention Facility(pty:res))(Han, Chung) (Entered: 08/10/2026)
Main Document:
Notice of Appearance or Withdrawal of Counsel (G-123)
#26
Aug 10, 2026
CONSENT TO PROCEED before Magistrate Judge, ALL PARTIES having consented in accordance with Title 28 Section 636(c) and F.R.CIV.P. 73(b) filed by Petitioner and Respondents Warden, Geo Group, Inc., Adelanto Detention Facility, Hen Ky Ton, Thomas Giles, Pamela J. Bondi, Kristi Noem, James Pilkington. Case reassigned to Magistrate Judge Daniel S. Roberts for final disposition. Any appeal shall be taken before the 9th Circuit Court of Appeals. (lh) (Entered: 08/10/2026)
Main Document:
Consent to Proceed before US Magistrate Judge - FINAL
#27
Aug 10, 2026
JUDGMENT by Magistrate Judge Daniel S. Roberts, 22 . IT IS HEREBY ORDERED AND ADJUDGED that: (1) the Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (Docket No. 1) is granted and judgment is entered consistent with the reasons and findings set forth in the Courts December 22, 2025 Order Re : Motion for Preliminary Injunction (Docket No. 12); and (2) Respondents are permanently enjoined from re-detaining Petitioner unless Respondents follow the procedures set forth in 8 C.F.R. §§ 241.4, 241.13, and all other relevant applicable statutes and regulations, including demonstrating a significant likelihood that Petitioner will be removed in the reasonably foreseeable future and ensuring that Petitioner receives adequate notice and an informal interview prior to re-detention. (MD JS-6, Case Terminated). (san) (Entered: 08/10/2026)
#28
Aug 10, 2026
(IN CHAMBERS) ORDER by Magistrate Judge Daniel S. Roberts. Final Judgment having been entered pursuant to stipulation of the parties, the August 4, 2026 Order to Show Cause 21 is hereby DISCHARGED and the Augst 13, 2026 Status Conference is VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ORDER. (lkr) (Entered: 08/10/2026)
Aug 10, 2026
Order
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