Nguyen
Chi Nguyen v. Kristi Noem, Secretary of the Department of Homeland Security, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 CHI NGUYEN, Case No.: 3:25-cv-03077-RBM-BJW
Petitioner,
ORDER GRANTING HABEAS
v. PETITION
KRISTI NOEM, Secretary of the Department [Doc. 1] of Homeland Security, et al., 13 Respondents. 14 15 Pending before the Court are Petitioner Chi Nguyen’s (“Petitioner”) Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2241 (Doc. 1) and Motion and Memorandum of Law in Support of Temporary Restraining Order (“TRO Motion”) (Doc. 1-4.) Petitioner claims his detention by United States Immigration and Customs Enforcement (“ICE”) violates the regulations set forth in C.F.R. § 241.4(l) and § 241.13(i), the Supreme Court’s decision in Zadvydas v. Davis, 533 U.S. 678 (2001), and the Fifth Amendment. (Doc. 1 at 3, 10–20.)1 In their Response, Respondents argue that: (1) Petitioner’s claims are jurisdictionally barred under 8 U.S.C. § 1252(g); (2) Petitioner’s ongoing detention falls…