Khanh Truong Nguyen v. Pamela Bondi, Attorney General, et al.

Summary

The United States District Court for the Western District of Oklahoma adopted a magistrate judge’s recommendation and granted Khanh Truong Nguyen’s petition for habeas relief under 28 U.S.C. § 2241. The court held that ICE failed to comply with regulatory requirements governing the revocation of Nguyen’s Order of Supervision and failed to establish changed circumstances creating a significant likelihood of removal in the reasonably foreseeable future. The court ordered Nguyen’s immediate release subject to the prior Order of Supervision and denied the remaining requests as moot.

Holdings

1. Neither § 1252(g) nor § 1252(b)(9) deprived the district court of jurisdiction over Nguyen's challenge to the procedures and legality of his renewed detention.
2. ICE unlawfully revoked Nguyen's Order of Supervision and returned him to custody because it failed to comply with 8 C.F.R. § 241.13(i)(2)-(3), including the requirement to determine that changed circumstances created a significant likelihood of removal in the reasonably foreseeable future and to provide notice of the reasons for revocation and an opportunity to respond.
3. Immediate release subject to the terms of Nguyen's prior Order of Supervision was an appropriate remedy under 28 U.S.C. § 2241(c)(3) because ICE's failure to comply with its own release-revocation regulations rendered the renewed detention unlawful.

Questions Presented

1. Whether 8 U.S.C. § 1252(g) or § 1252(b)(9) deprived the district court of jurisdiction to review Nguyen's challenge to his renewed immigration detention and the alleged failure to follow release-revocation procedures.
2. Whether ICE complied with 8 C.F.R. § 241.13(i)(2)-(3) when it revoked Nguyen's Order of Supervision and returned him to custody.
3. Whether habeas relief under 28 U.S.C. § 2241, including immediate release subject to the prior Order of Supervision, was an appropriate remedy for ICE's failure to comply with its own regulations.
4. Whether Nguyen's requests for declaratory and permanent injunctive relief and expedited handling remained viable.

Disposition

writ_granted