Ao

Xiao Ao v. Kristi Noem, et al.

Good Law
United States District Court, Southern District of CaliforniaDecember 9, 20253:25-cv-03256California519 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 XIAO AO, Case No. 25-cv-03256-BAS-VET

Petitioner,

ORDER GRANTING IN PART AND

v. DENYING IN PART PETITION FOR

WRIT OF HABEAS CORPUS

KRISTI NOEM, et al., (ECF No. 1) Respondents. 16

On July 21, 2025, an Immigration Judge ordered Petitioner removed from the United States but granted withholding of removal to China. (Petition (“Pet.”), ECF No. 1.) Petitioner now argues there is no significant likelihood he will be removed in the reasonably foreseeable future and thus must be released pursuant to Zadvydas v. Davis, 533 U.S. 678 (2001). (Id.) The Government files a Return in Opposition (ECF No. 5), and Petitioner files a Traverse (ECF No. 7). The Court GRANTS IN PART and DENIES IN PART the Petition. Zadvydas establishes a presumption that six months is a reasonable time for the Government to remove an individual after the removal order is granted. 533 U.S. at 701. 27 …

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.