(HC) Tieu v. USA

Good Law
United States District Court, Eastern District of CaliforniaFebruary 28, 20242:23-cv-02858California2,978 words

Opinion

Trial Court Opinion

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

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