Nam Van Phan v. Leonard Oddo, Warden, Moshannon Valley Processing Center, et al.

Summary

The court denied a 28 U.S.C. § 2241 habeas petition brought by a lawful permanent resident detained at the Moshannon Valley Processing Center pending removal to Vietnam. Applying Tazu v. Attorney General, the court held that it lacked jurisdiction to review the manner in which immigration authorities revoked the petitioner’s Order of Supervision and arrested him. The court further held that the petitioner’s Zadvydas v. Davis challenge to continued detention was premature because he had not been detained for six months and had not shown a significant likelihood that removal would not occur in the reasonably foreseeable future.

Holdings

1. The district court lacked jurisdiction to review Phan's challenge to ICE's revocation of his Order of Supervision and the manner in which his removal order was executed because the claim was barred by 8 U.S.C. § 1252(g) and § 1252(b)(9).
2. Phan's challenge to his continued detention was not jurisdictionally barred, but it was premature because he had not been detained for six months and had not provided good reason to believe that there was no significant likelihood of removal in the reasonably foreseeable future.

Questions Presented

1. Whether the district court had jurisdiction under § 2241 to review ICE's revocation of Phan's Order of Supervision and the manner of his arrest without notice and an opportunity to be heard.
2. Whether Phan's continued detention violated Zadvydas v. Davis because removal to Vietnam was not reasonably foreseeable.

Disposition

writ_denied