District of Massachusetts • 1:26-cv-10738

#1

Feb 10, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11540078 Fee status: Filing Fee paid., filed by Dang Van Huynh. (Attachments: # 1 Category Form CF, # 2 Civil Cover Sheet CCS)(Herrero, Johanna) (Entered: 02/10/2026)

#2

Feb 11, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 Jessica D. Hedges. (CM) (Entered: 02/11/2026)

#3

Feb 11, 2026

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) (Entered: 02/11/2026)

#4

Feb 11, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241) and 3 Order mailed to Antone Moniz, Patricia Hyde, Michael Krol, Todd Lyons, Kristi L Noem and Pamela Bondi on 2/11/2026. (JAM) (Entered: 02/11/2026)

Feb 11, 2026

Notice of Case Assignment

Feb 11, 2026

Copy Mailed

#5

Feb 17, 2026

Notice of Appearance

#6

Feb 17, 2026

Extension of Time to File Response/Reply

#7

Feb 18, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 6 assented to motion to extend the time to respond to the Petition to February 19, 2026. (MZ) (Entered: 02/18/2026)

Feb 18, 2026

Order on Motion for Extension of Time to File Response/Reply

#8

Feb 19, 2026

Answer/Response to Petition for Writ of Habeas Corpus - 2241

#9

Feb 20, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 8 Response to Petition for Writ of Habeas Corpus - 2241, filed by Kristi L. Noem, Patricia H. Hyde, Todd M Lyons, Pamela Bondi, Michael Krol, Antone Moniz. In his habeas petition, Dang Van Huynh states that he is a fifty-two-year-old Vietnamese national, born on December 31, 1973, in My Tho, Vietnam. Van Huynh entered the United States as a teenager, in or about April 21, 1991, at Seattle, Washington, after time in a refugee camp in the Philippines. He subsequently became a Lawful Permanent Resident (LPR). See Pet. at 1.On May 14, 1996, an Immigration Judge ordered Van Huynh removed to Vietnam, but the government of Vietnam failed to issue him valid travel documents. On December 10, 2004, ICE issued Petitioner an Order of Supervision (OSUP). On December 3, 2025, Van Huynh appeared for a scheduled USCIS biometrics / photographs appointment in Rhode Island relating to his employment authorization under his longstanding immigration supervision status, where he was taken into ICE custody and transferred to the Plymouth County House of Corrections. Prior to detention, Van Huynh resided at 2100 Phillips Road, New Bedford, Massachusetts, a home he has owned, and lived in, for approximately twelve years. Van Huynh is married to Tina Thi Nguyen, a United States citizen residing in Massachusetts, and has two children (both U.S. citizens) with his wife. While Van Huynh has been subject to an Order of Supervision for twenty-seven years (since May 14, 1998), he has worked (primarily as a fisherman) and paid taxes ("for 25 years") and complied with all requests of the Department of Homeland Security (DHS).The government asserts that Van Huynh "case is or will be under review by the Government of Vietnam for issuance of a travel document." Govt.'s Opp'n at 2. The government simply states that "Petitioner's Order of Supervision was revoked due to a change in circumstances on December 1, 2025." Id. at 4. As Van Huynh has been detained for 2-3 months, the government argues, under Zadvydas v. Davis, 533 U.S. 678, 682 (2001), his detention is constitutional and his petition is premature at best.The court asks the petitioner to show cause by March 2, 2026, why the court has continued jurisdiction over this case. (MZ) (Entered: 02/20/2026)

Feb 20, 2026

Order

#10

Feb 24, 2026

Notice of Appearance

#11

Feb 24, 2026

Response to Order to Show Cause

#12

Feb 26, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 11 Response to Order to Show Cause.Petitioner Dang Van Huynh was released under an Order of Supervised Release in December of 2004 "[b]ecause the Government of Vietnam failed to issue a valid travel document to effect [petitioner's] removal." Dkt # 8-1 at 1. His release (and the subsequent revocation of that release) accordingly is governed by 8 C.F.R. § 241.13.Section 241.13 authorizes ICE "to re-detain a noncitizen like [petitioner] who has been granted supervised release" when there has been "(1) an individualized determination (2) by ICE that, (3) based on changed circumstances, (4) removal has become significantly likely in the reasonably foreseeable future." Kong v. United States, 62 F.4th 608, 61920 (1st Cir. 2023), citing § 241.13(i)(2). Here, ICE purports to re-detain petitioner based on "changed circumstances," which it has since clarified as its "belie[f]" that the Government of Vietnam "will issue a travel document to Petitioner." Dkt # 8 at 5. ICE does not explain why it believes that to be true, nor does it provide any timeline indicating that the issuance of a travel document will occur in the reasonably foreseeable future (indeed, it is not even clear whether the request for travel papers has yet been submitted to the Government of Vietnam). The court doubts that a belief, no matter how sincerely held, that a foreign government may reconsider its previous refusal to issue travel documents to a former national satisfies the concrete requirements of § 241.13(i)(2). Respondents therefore are ordered to file a reply of no more than seven (7) pages elaborating on the factual basis for its belief that the Government of Vietnam will reconsider a now 22-year-old decision to refuse petitioner's repatriation and the affirmative steps taken by that Government that bolster that belief. This brief is due no later than Wednesday, March 4, 2026.(RGS, law3) (Entered: 02/26/2026)

Feb 26, 2026

Order

#13

Feb 27, 2026

Notice of Voluntary Dismissal