District of Arizona • 2:25-cv-03190

#1

May 28, 2025

NEW CASE/PETITION FOR WRIT OF HABEAS CORPUS 2241/2254. (Filing fee $ 5, receipt number ANHDC-2639533.) filed by Long Hoang Duong. (Attachments: # 1 Civil Cover Sheet (Stylianos, Thomas) [Transferred from nhd on 9/2/2025.] (Entered: 05/28/2025)

May 29, 2025

NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. (jmb) [Transferred from nhd on 9/2/2025.]

May 29, 2025

NOTICE of Filing - Case filed under 28 U.S.C. 2241. A copy of the petition has been electronically sent via ECF to your office. No further action is required by the United States Attorney unless directed by the presiding judge.(jmb) [Transferred from nhd on 9/2/2025.]

May 29, 2025

Case assigned to Judge Paul J. Barbadoro and US Magistrate Judge Andrea K Johnstone. The case designation is: 1: 25-cv-202-PB-AJ. Please show this number with the judge designation on all future pleadings. (jmb) [Transferred from nhd on 9/2/2025.]

Jun 16, 2025

DOCKETED IN ERROR. NOTICE of ECF Filing Error pursuant to AP 2.3 re: 1 Petition for Writ of Habeas Corpus - New Case filed by Long Hoang Duong. Document is improperly formatted. Please contact the judge's case manager at 603-225-1473.(ko) Modified on 6/16/2025 to add: Docketed in error to docket text(ko). [Transferred from nhd on 9/2/2025.]

#2

Sep 01, 2025

MOTION for Temporary Restraining Order filed by Long Hoang Duong. HEARING REQUESTED.Follow up on Objection on 9/15/2025. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) Attorney Affidavit in Support)(Stylianos, Thomas) [Transferred from nhd on 9/2/2025.] (Entered: 09/01/2025)

#3

Sep 01, 2025

ORDER Directing Clerk and US Marshal to Make Service. So Ordered by US Magistrate Judge Andrea K. Johnstone.(jwb) [Transferred from nhd on 9/2/2025.] (Entered: 09/01/2025)

Sep 01, 2025

NOTICE of Hearing. Case Management Conference set for 9/2/2025 02:30 PM before Judge Paul J. Barbadoro.(jwb) [Transferred from nhd on 9/2/2025.]

Sep 01, 2025

ENDORSED ORDER denying 2 Motion for Temporary Restraining Order. Text of Order: The petitioner, Long Hoang Duong, filed his § 2241 petition for habeas relief while he was in immigration detention at the Strafford County Department of Corrections (SCDOC), naming the SCDOC Superintendent and the Boston Field Office Director of Immigration and Customs Enforcement (ICE) as respondents. ICE has since moved petitioner to Arizona or Texas, and ICE may remove him to Vietnam as early as today. Petitioner's motion for a temporary restraining order (TRO) asks this court to enjoin his removal and to order ICE or the Department of Homeland Security to return him to the United States, so that he may reopen his immigration proceedings. The ICE Boston Field Office Director is in Massachusetts, and the SCDOC Superintendent is not a federal agent. I am aware of no ICE or Homeland Security official within the territorial jurisdiction of this court who could execute this court's order. The holding of Ex parte Endo, 323 U.S. 283, 306 (1944), is inapposite, see id. (removal of petitioner did not cause [court] to lose jurisdiction where a person in whose custody she is remains within the district). The TRO sought appears to be beyond my jurisdiction to grant, in this case. Accordingly, I deny the motion for a TRO (Doc. No. 2). The clerk's office will schedule a case management conference as early as Tuesday, to address the jurisdictional issue and to establish a briefing schedule, as appropriate. So Ordered by Judge Paul J. Barbadoro.(jwb) [Transferred from nhd on 9/2/2025.]

#4

Sep 02, 2025

CASE TRANSFERRED IN from District of New Hampshire; Case Number 1:25-cv-00202 . Original file certified copy of transfer order and docket sheet received (Entered: 09/02/2025)

#5

Sep 02, 2025

NOTICE OF ASSIGNMENT (Attachments: # 1 Instructions) (MAP) (Entered: 09/02/2025)

#6

Sep 02, 2025

ORDER: Petitioner's Petition Under 28 U.S.C. § 2241 For A Writ Of Habeas Corpus By A Person In Federal Custody 1 and this action are dismissed. Petitioner's Motion for Temporary Restraining Order 2 is denied. The Clerk of Court shall enter judgement accordingly and terminate this case. See document for complete details. Signed by Judge John J Tuchi on 9/2/2025. (KLG) (Entered: 09/02/2025)

#7

Sep 02, 2025

CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that, pursuant to the Court's Order filed September 2, 2025, Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 is denied. Petitioner to take nothing and this action is hereby dismissed. (KLG) (Entered: 09/02/2025)

Sep 02, 2025

Status Conference

Sep 02, 2025

Civil Case Terminated. (jwb) [Transferred from nhd on 9/2/2025.]

Sep 02, 2025

ENDORSED ORDER. Text of Order: Petitioner is the subject of a 2015 final order of removal. Petitioner's counsel intends to seek to reopen his immigration proceedings to assert a Convention Against Torture claim, relating to his removal to Vietnam. On September 1, 2025, this Court denied petitioner's motion for a temporary restraining order, upon determining that petitioner had already been transferred out of New Hampshire, and that this Court lacked territorial jurisdiction over any respondent who could execute any relief this Court might order. Counsel for the Federal Respondent has verified that petitioner is scheduled for removal to Vietnam tonight, September 2, 2025, via a flight leaving from Arizona. The parties agree that petitioner's immediate custodian is in the District of Arizona and have consented to this transfer. For the convenience of the parties, in the interest of justice, and upon consent of the parties, the court transfers this matter to the District of Arizona under 28 U.S.C. § 1404(a). The clerk's office is directed to contact the clerk's office in the District of Arizona immediately, to alert that court as to the time of petitioner's scheduled flight to Vietnam. So Ordered by Judge Paul J. Barbadoro.(jwb) [Transferred from nhd on 9/2/2025.]

Sep 02, 2025

Minute Entry for proceedings held before Judge Paul J. Barbadoro. STATUS CONFERENCE held on 9/2/2025. Respondent to notify clerk's office of present district the petitioner is located in. Order to issue transferring case. (Court Reporter: Susan Bateman) (Pltfs Atty: Thomas Stylianos, Jr.) (Defts Atty: Raphael Katz)(Total Hearing Time: 40 minutes) (jwb) [Transferred from nhd on 9/2/2025.]

Sep 02, 2025

SERVICE BY CLERK: Copies mailed via certified mail, return receipt requested to US Immigration and Customs Enforcement and Removal Operations, Field Office Director and Copies to US Marshal as to Strafford County Department of Corrections, Superintendent, per 3 Order Directing Service.(jwb) [Transferred from nhd on 9/2/2025.]

Sep 02, 2025

Summons Issued

Sep 02, 2025

Remark re Pro Hac Vice Motion

Sep 02, 2025

Remark: Pro hac vice motion(s) granted for Thomas Stylianos, Jr on behalf of Petitioner Long Hoang Duong. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sep 02, 2025

Terminate Civil Case