Bounpheng Soryadvongsa v. Kristi Noem, et al.

Summary

The United States District Court for the Southern District of California grants Bounpheng Soryadvongsa’s habeas petition challenging his immigration detention. The court holds that ICE violated 8 C.F.R. § 241.13(i)(3) by waiting 29 days to conduct the required initial informal interview after revoking his release. The court orders his immediate release subject to the prior Order of Supervision and denies his preliminary-injunction request as moot.

Holdings

1. Section 1252(g) did not bar jurisdiction because Soryadvongsa challenged the legality of his detention rather than the decision to commence proceedings, adjudicate his case, or execute his removal order.
2. A 29-day delay in conducting the initial informal interview required by 8 C.F.R. § 241.13(i)(3) is not prompt and violates the regulation.
3. A habeas petitioner challenging immigration detention need not demonstrate the government's proposed form of prejudice from ICE's failure to conduct the required informal interview promptly.

Questions Presented

1. Whether 8 U.S.C. § 1252(g) deprived the district court of jurisdiction over Soryadvongsa's habeas challenge to his immigration detention.
2. Whether ICE's 29-day delay in conducting the initial informal interview required by 8 C.F.R. § 241.13(i)(3) violated the regulation.
3. Whether a habeas petitioner challenging immigration detention must demonstrate prejudice from ICE's failure to conduct the required informal interview promptly.

Disposition

writ_granted