Chinh Cuong Ngo v. ICE, et al.
Trial Court Opinion
CIVIL MINUTES – GENERAL Case No. 5:25-cv-03629-JFW-SK Date: January 28, 2026 Title Chinh Cuong Ngo v. ICE, et al.
Present: The Honorable: Steve Kim, United States Magistrate Judge Connie Chung n/a Deputy Clerk Court Reporter / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: None present None present Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY PETITION SHOULD NOT BE DISMISSED AS MOOT On December 15, 2025, Petitioner Chinh Cuong Ngo filed a habeas petition under 28 U.S.C. § 2241 challenging his detention and continued confinement at the Adelanto ICE Processing Center. (ECF 1). Respondents have since informed the court that Petitioner was removed from the United States on January 13, 2026. (ECF 7 at 2; ECF 7-1). “For a habeas petition to continue to present a live controversy after the petitioner’s release or deportation, . . . there must be some remaining collateral consequence that may be redressed by success on the petition.” Abdala v. I.N.S., 488 F.3d 1061, 1064 (9th Cir. 2007) (cleaned up). Here, Petitioner appears to challenge only the length of his detention and seeks release from custody pending removal. (ECF at 3–7). His deportation therefore effectively granted the relief sought, rendering the petition moot. See Abdala, 488 F.3d at 1065; see, e.g., Mejia v. Semaia, 2025 WL 2633165, at *2 (C.D. Cal. Aug. 21, 2025).
Accordingly, Petitioner is ordered to show cause why the petition should not be dismissed as moot. Petitioner may discharge this order by signing and returning the attached Form CV-09y within 14 days of the date of this order. Failure to return that form on time as ordered or to otherwise timely respond in writing to this order may be deemed Petitioner’s consent to voluntary dismissal of the petition for the reasons set forth in this order, or it can lead to the immediate closing of this case with no further notice for lack of prosecution and noncompliance with court orders. See Fed. R. Civ. P. CIVIL MINUTES – GENERAL Case No. 5:25-cv-03629-JFW-SK Date: January 28, 2026 Title Chinh Cuong Ngo v. ICE, et al.
41(b); L.R. 41-1; see also L.R. 41-6 (requiring pro se litigants to keep court timely apprised of any change in record address).
IT IS SO ORDERED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.