Duong
Duong v. Immigration & Naturalization Service
Opinion
Opinion
Jones, J.
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS
On September 14, 1999, Petitioner Loc Duong, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 . Respondents oppose. The Court finds that: 1) the Immigration Reform and Immigrant Responsibility Act (IIRIRA) does not divest the Court of jurisdiction over habeas corpus petitions; 2) Petitioner does not need to exhaust his administrative remedies in order for the Court to review the petition; 3) Petitioner’s substantive due process rights are violated by his indefinite incarceration; 4) procedures used to determine whether Petitioner should be released pending deportation violate procedural due process Accordingly, the court GRANTS Petitioner’s application for writ of habeas corpus.
BACKGROUND
Petitioner, Loc Duong, is a native and citizen of Vietnam under final order of removal. The Immigration and Naturalization Service (INS) is detaining him without bond pending his removal to Vietnam.
Petitioner was born in Vietnam on October 3,1973 and was legally admitted to the United States as a refugee on August 27, 1982. (Pet’s Traverse 3). On May 17, 1993, Petitioner pled guilty in California state court to…