Nguyen
Hoang Manh Nguyen v. Fasano
Opinion
Opinion
Keep, J.
ORDER TO SHOW CAUSE
On September 7, 1999, Petitioners Hoang Manh Nguyen, Nam Viet Nguyen, Ngoc Van Nguyen, and Minh Nhat Phan, through counsel, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 . Respondents oppose.
I. Background
Petitioners are aliens being detained by the Immigration and Naturalization Ser vice (INS); all are subject to final orders of deportation or removal. The following facts regarding are taken from the parties’ papers.
A.Hoang Manh Nguyen
Petitioner Manh Nguyen entered the United States as a refugee on November 26, 1985. (Pet.li 15). According to Petitioner Manh Nguyen, he later adjusted his status to that of lawful permanent resident of the United States, retroactive to his date of entry. (Id.). On November 12, 1991, he. was convicted of first degree robbery and received a total sentence of 11 years, 4 months. (Resp.Exh. B, p. 2). On May 1, 1997, the INS placed Petitioner Manh Nguyen in removal proceedings and determined that he should be held without bond. (Id., pp. 4-7). On June 24, 1997, an Immigration Judge ordered Petitioner Manh Nguyen removed from the United States to Vietnam; Petitioner Manh Nguyen appealed the decision…