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Case Information
Filed: January 12, 2026
Assigned to:
Myong J. Joun
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
February 23, 2026
Parties:
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Docket Entries
#1
Jan 12, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number CMADC-11466116 Fee status: Filing Fee paid., filed by Hieu Van Le. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Lagana, Stephen) Modified on 1/12/2026 (SEC). (Additional attachment(s) added on 1/12/2026: # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E) (SEC). (Entered: 01/12/2026)
#2
Jan 12, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Myong J. Joun assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (JAM) (Entered: 01/12/2026)
#3
Jan 12, 2026
General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (SP) (Entered: 01/12/2026)
#4
Jan 12, 2026
Judge Myong J. Joun: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due no later than January 15, 2026. (SP) (Entered: 01/12/2026)
Jan 12, 2026
Notice of Case Assignment
#5
Jan 13, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition, mailed to All Respondents on 1/13/2026. (SP) (Entered: 01/13/2026)
Jan 13, 2026
Copy Mailed
#6
Jan 14, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#7
Jan 14, 2026
Extension of Time to File Response/Reply
Main Document:
Extension of Time to File Response/Reply
#8
Jan 15, 2026
Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 7 Motion for Extension of Time to January 21, 2026 to File Response/Reply. (SKY) (Entered: 01/15/2026)
Jan 15, 2026
Order on Motion for Extension of Time to File Response/Reply
#9
Jan 21, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document:
Answer/Response to Petition for Writ of Habeas Corpus - 2241
#10
Jan 21, 2026
Extension of Time to File Response/Reply
Main Document:
Extension of Time to File Response/Reply
#11
Jan 22, 2026
Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 10 First Motion for Extension of Time to 02/4/2026 to File Response/Reply NON OPPOSED. (SKY) (Entered: 01/22/2026)
Jan 22, 2026
Order on Motion for Extension of Time to File Response/Reply
#12
Feb 04, 2026
Extension of Time to File Response/Reply
Main Document:
Extension of Time to File Response/Reply
#13
Feb 04, 2026
Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 12 Second MOTION for Extension of Time to 02/11/2026 to File Response/Reply NON OPPOSED by Hieu Van Le. Responses due by 2/11/2026 (SP) (Entered: 02/04/2026)
Feb 04, 2026
Order on Motion for Extension of Time to File Response/Reply
#14
Feb 11, 2026
Extension of Time
Main Document:
Extension of Time
#15
Feb 11, 2026
Extension of Time to File Answer
Main Document:
Extension of Time to File Answer
#16
Feb 12, 2026
Judge Myong J. Joun: ELECTRONIC ORDER entered GRANTING 15 Third Motion for Extension of Time to 02/18/2025 to Reply to Response (CORRECTED). (SKY) (Entered: 02/12/2026)
#17
Feb 12, 2026
Judge Myong J. Joun: ELECTRONIC ORDER entered terminating as moot 14 Third Motion for Extension of Time to 02/18/2025 to File Answer. (SKY) (Entered: 02/12/2026)
Feb 12, 2026
Order on Motion for Extension of Time
Feb 12, 2026
Order on Motion for Extension of Time to Answer
#18
Feb 23, 2026
Judge Myong J. Joun: ELECTRONIC ORDER entered. The legal issues presented in this case are similar to those I addressed in Van Nguyen v. Hyde, 25-cv-11470. As explained in my Memorandum of Decision and Order in that case, Doc. No. 25, the First Circuit has made clear that ICE's decision to re-detain a noncitizen like Petitioner must be made pursuant to ICE's own regulation, 8 C.F.R. § 241.13(i)(2). See Kong v. United States, 62 F.4th 608, 619–20 (1st Cir. 2023). The Government's categorization of the 2020 MOU between Vietnam and the United States as "recent[]," Doc. No. 9 at 10, is conclusory, as it was in Van Nguyen v. Hyde. Respondents have not identified any changed circumstances supporting their detention of Mr. Le. The Petition for Writ of Habeas Corpus is GRANTED. Respondents are ORDERED to release Petitioner from detention immediately pursuant to the conditions in his preexisting Order of Supervision. While Mr. Le is on supervised release, nothing stops Respondents from requesting the Government of Vietnam accept his return. If and when ICE secures a travel document for Mr. Le, a changed circumstance as discussed by the First Circuit in Kong would have occurred such that ICE may then re-detain Le for removal.(SP) (Entered: 02/23/2026)
Feb 23, 2026
Order
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