Ho Nguyen v. U.S. Immigration and Customs Enforcement

United States District Court, Oklahoma Western

Ho Nguyen v. U.S. Immigration and Customs Enforcement

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA HO NGUYEN, ) Petitioner, Vv. Case No. CIV-25-1039-J U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, ) Respondent. ORDER Petitioner, has filed a Petition for Writ of Habeas Corpus, pursuant to

28 U.S.C. § 2241

. The matter was referred to United States Magistrate Shon T. Erwin for initial proceedings consistent with

28 U.S.C. § 636

(b)(1)(B)-(C). [Doc. No. 7]. On October 7, 2025, Judge Erwin issued a Report and Recommendation recommending the Petition for Writ of Habeas Corpus be dismissed without prejudice for lack of jurisdiction. [Doc. No. 9]. Petitioner was advised of his right to object to the Report and Recommendation by October 24, 2025. Petitioner has filed no objection and has therefore waived any right to appellate review of the factual and legal issues in the Report and Recommendation. See Moore v. United States,

950 F.2d 656, 659

(10th Cir. 1991). Accordingly, the Court ADOPTS the Report and Recommendation [Doc. No. 9] and DISMISSES Petitioner’s Petition for Writ of Habeas Corpus pursuant to

28 U.S.C. § 2241

without prejudice. A certificate of appealability is DENIED, as the Court concludes Petitioner has not made “a substantial showing of the denial of a constitutional right.”

28 U.S.C. § 2253

(c)(2). IT IS SO ORDERED this 31* day of October, 2025.

“EM. UNITED STATES DISTRICT JUDGE

Reference

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