Dang Cao Vu v. Brian English

Summary

The United States District Court for the Northern District of Indiana granted Dang Cao Vu’s 28 U.S.C. § 2241 habeas petition challenging his renewed detention by ICE. The court held that it had jurisdiction over the detention challenge and that the government had not shown, under 8 U.S.C. § 1231(a)(6) and Zadvydas v. Davis, that Vu’s removal was reasonably foreseeable. The court ordered Vu released under the conditions of his prior supervision and directed the respondent to certify compliance.

Holdings

1. Section 1252(g) did not deprive the district court of jurisdiction because Vu challenged the lawfulness of his detention, not ICE's authority to execute the removal order.
2. Section 1252(b)(9) did not bar habeas review because the lawfulness of Vu's re-detention was distinct from a challenge arising from an action taken to remove him and would otherwise be effectively unreviewable.
3. The government failed to establish statutory authority for Vu's continued detention because, on this record, his removal was not reasonably foreseeable.
4. Vu was not required to periodically renew the showing that removal was not reasonably foreseeable; once that showing was made, the government bore the burden to rebut it before continuing or renewing detention for removal purposes.

Questions Presented

1. Whether 8 U.S.C. § 1252(g) deprived the district court of jurisdiction over a § 2241 petition challenging re-detention pending removal.
2. Whether 8 U.S.C. § 1252(b)(9) required Vu's detention challenge to be brought only through judicial review of a final order of removal.
3. Whether 8 U.S.C. § 1231(a)(6), as limited by Zadvydas v. Davis, authorized Vu's continued or renewed detention when removal was not reasonably foreseeable.
4. Whether the government rebutted Vu's prior showing that removal was not reasonably foreseeable.

Disposition

writ_granted