Loc Minh Nguyen v. Warden, et al.

United States District Court for the Southern District of California

Loc Minh Nguyen v. Warden, et al.

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA 3 || Loc Minh NGUYEN, Case No.: 25-cv-2441-AGS-MMP Petitoner,) ORDER GRANTING AMENDED 5 || V. HABEAS PETITION (ECF 13) 6 || WARDEN, et al., 7 Respondents. 8 9 Petitioner Loc Minh Nguyen seeks a writ of habeas corpus releasing him from what 10 claims is his unlawful immigration detention. Specifically, he alleges that Immigration 11 |/and Customs Enforcement violated its own regulatory mandate to “conduct an initial 12 ||informal interview promptly” after his arrest, see

8 C.F.R. § 241.13

@)(3), when it waited 13 ||months to interview him. This Court recently granted a habeas petition after concluding 14 || that “an interview 29 days after arrest” does not qualify as “prompt” under that regulation 15 |/and that the resulting detention was unlawful. Soryadvongsa v. Noem, No. 25-cv-2663- 16 |} AGS-DDL,

2025 WL 3126821

, at *1 (S.D. Cal. Nov. 8, 2025). For those same reasons, 17 || Nguyen’s detention is unlawful, and his habeas petition is GRANTED. Respondents must 18 ||immediately release him from custody subject to the conditions of the Order of Supervision 19 was in place before ICE re-detained him in June 2025. 20 || Dated: November 10, 2025

22 Hon. Andrew G. Schopler 73 United States District Judge 24 25 26 27 28

Reference

Status
Unknown