(HC) Tieu v. USA

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CUONG MACH TIEU, No. 2:23-cv-2858 AC P 12 Petitioner, 13 v. ORDER 14 UNITED STATES OF AMERICA, et al., 15 Respondents. 16 17 Petitioner, a federal prisoner proceeding pro se, has filed a petition for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2241. 19 I. Petition 20 Petitioner alleges that he was a national of Vietnam when he entered the United States in 21 the 1980s as a “refugee” because his father aided United States troops during the Vietnam War. 22 ECF No. 1 at 2, 4. He was granted legal permanent resident (LPR) status and has been, until the 23 conviction which led to his present incarceration, a law-abiding citizen with only one previous 24 criminal conviction in 1988. Id. at 4. 25 The petition in this case challenges an immigration detainer filed by Immigration and 26 Customs Enforcement (ICE), which petitioner claims is unlawful because he is not deportable and 27 because he did not receive adequate notice and a hearing in…