Sisawang Khambounheuang v. Kristi Noem; Pamela J. Bondi; Todd M. Lyons; Jesus...
Sisawang Khambounheuang v. Kristi Noem; Pamela J. Bondi; Todd M. Lyons; Jesus...
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SISAWANG KHAMBOUNHEUANG, Case No.: 25-cv-2575
12 Plaintiff, ORDER GRANTING MOTION FOR 13 v. PRELIMINARY INJUNCTION [DKT. 15] 14 KRISTI NOEM; PAMELA J. BONDI; TODD M. LYONS; JESUS ROCHA; 15 CHRISTOPHER LAROSE, 16 Defendants. 17
18 On September 30, 2025, Petitioner Sisawang Khambounheuang (“Petitioner”) filed 19 a petition for writ of habeas corpus under
28 U.S.C. § 2241and a motion for a temporary 20 restraining order (“TRO”), alleging that the Government unlawfully redetained him on 21 August 13, 2025, in violation of his substantive and procedural due process rights, 22 including violations of the Government’s own procedures under United States ex rel. 23 Accardi v. Shaughnessy,
347 U.S. 260(1954). Dkts. 1, 3. On October 9, 2025, the Court 24 granted Petitioner’s motion for a TRO on both substantive due process and procedural due 25 process/Accardi grounds. Dkt. 12. On October 15, 2025, Petitioner filed a motion for 26 preliminary injunction, renewing his request for injunctive relief to preserve the status quo. 27 Dkt. 15. 28 1 After reviewing the parties’ briefing and holding oral argument, the Court ORDERS 2 follows: 3 1. The Court GRANTS Petitioner’s motion for preliminary injunction as to his 4 procedural due process claim. 5 2. Respondents, and their agents, employees, successors, attorneys, and all persons 6 acting in concert with them, are ENJOINED from removing Petitioner from the 7 United States or this District, or from redetaining him, unless and until the 8 Government demonstrates compliance with the procedural requirements of 8 C.F.R. 9 § 241.13), including (a) providing Petitioner with written notice of the reasons for 10 any revocation of release and (b) providing Petitioner an informal interview and 11 opportunity to respond to those reasons. 12 3. The Government shall file a written declaration attesting to full compliance with 13 these obligations 48 hours prior to any redetention. 14 15 written order will follow. 16 17 IT IS SO ORDERED. 18 19 || Dated: October 23, 2025 — 20 Ho forgbfe Jinsook Ohta United States District Judge 21 22 23 24 25 26 27 28
Reference
- Full Case Name
- Sisawang Khambounheuang v. Kristi Noem; Pamela J. Bondi; Todd M. Lyons; Jesus Rocha; Christopher Larose
- Status
- Unknown