Chhoeun
Chhoeun v. Marin
Opinion
Lead Opinion
Carney, J.
I. INTRODUCTION
Our Constitution demands that all persons, both citizens and noncitizens, be given due process before the Government takes away a person's right to work and live in the United States. Sadly, for Petitioners here, they were denied due process by the Government when it detained them and threatened to deport them without adequate notice and an opportunity to be heard.
Petitioners are 92 Cambodian citizens who are living in the United States. 1 Many fled Cambodia in the 1970s as small children to escape the brutal Khmer Rouge regime. Although Petitioners have been living in the United States for many years, they were all subject to orders of removal to Cambodia based on criminal convictions that they suffered years ago. When the orders of removal were issued, which in many cases occurred over a decade ago, Petitioners were not deported because Cambodia refused to accept their repatriation. Instead, U.S. Immigration and Customs Enforcement ("ICE") determined that Petitioners were not flight risks and did not pose a danger to society. Accordingly, Petitioners were released from custody and returned to their families and communities. Since then, Petitioners have served…