Southern District of California • 3:25-cv-02575

#1

Sep 30, 2025

Petition for Writ of Habeas Corpus against Pamela Jo Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Jesus Rocha ( Filing fee $ 5 receipt number 163981.), filed by Sisawang Khambounheuang. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt)The new case number is 3:25-cv-2575-JO-SBC. Judge Jinsook Ohta and Magistrate Judge Steve B. Chu are assigned to the case.(ggv) (Entered: 10/01/2025)

#2

Sep 30, 2025

MOTION to Appoint Counsel by Sisawang Khambounheuang. (ggv) (Entered: 10/01/2025)

#3

Sep 30, 2025

MOTION for Temporary Restraining Order by Sisawang Khambounheuang. (ggv) (Entered: 10/01/2025)

#4

Oct 01, 2025

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons will be mailed to plaintiffs not receiving notice electronically. (dim) (Entered: 10/01/2025)

#5

Oct 01, 2025

Minute Order by Judge Jinsook Ohta: On October 1, 2025, Petitioner Sisawang Khambounheuang ("Petitioner") filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 and a motion for temporary restraining order to reinstate Petitioner's release on supervision and prohibit the government from removing him to a third country without an opportunity to file a motion to reopen with an immigration judge. The Court ORDERS Petitioner to serve Respondents with the habeas petition, temporary restraining order, and this order and file proofs of service as soon as practical, but no later than Thursday, October 2, 2025 at 5:00 p.m. The Court sets oral argument on the motion for temporary restraining order for October 9, 2025 at 9:30 a.m. in Courtroom 4C before Judge Jinsook Ohta. Respondent's opposition brief is due by is due by October 6, 2025.Petitioner shall not be transferred to another district unless the government provides advance notice of the intended move. Such notice shall be filed in writing on the docket in this proceeding and shall state the reason why the government believes that such a movement is necessary and should not be stayed pending further court proceedings. Once that notice has been docketed, Petitioner shall not be moved out of the District for a period of at least 48 hours from the time of that docketing.Signed by Judge Jinsook Ohta on 10/1/2025. (mk) (Entered: 10/01/2025)

Oct 01, 2025

Minute Order (No Time)

#6

Oct 02, 2025

Minute Order by Judge Jinsook Ohta: On October 1, 2025, Petitioner filed a motion for appointment of counsel. Dkt. 2. Under 18 U.S.C. § 3006A(a)(2), the Court may appoint counsel for financially eligible habeas petitioners when "the interests of justice so require." See Terrovona v. Kincheloe, 912 F.2d 1176, 1181-82 (9th Cir. 1990). In determining whether to appoint counsel, courts consider the petitioner's likelihood of success on the merits and the ability to articulate claims pro se given the complexity of the issues. Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Here, Petitioner has cited legal authority to support his habeas petition and motion for a temporary restraining order, demonstrating that his arguments are legally grounded and non-frivolous. Dkts. 1, 2. Further, the Court finds that it is unlikely Petitioner can adequately present his claims pro se without counsel's assistance due to the complexity of the legal issues involving constitutional law, statutory interpretation, administrative procedure, and habeas law. While Petitioner has articulated his claims in his filings, he appears to have received assistance from Federal Defenders, who now seek appointment as counsel. See Dkt. 2 at 10-11, Decl. of Kara Hartzler. Accordingly, the Court GRANTS Petitioner's motion to appoint counsel [Dkt. 2] and APPOINTS Federal Defenders to represent him.Given that Petitioner has been detained and now has appointed counsel, the Court grants a one-day extension for service. Petitioner must file proofs of service for the summons, habeas petition, temporary restraining order, and the Court's October 1, 2025 minute order (Dkt. 5) no later than October 3, 2025 at 5 p.m.Signed by Judge Jinsook Ohta on 10/2/2025. (mk) (Entered: 10/02/2025)

#7

Oct 02, 2025

Notice of Appearance

Oct 02, 2025

Order on Motion to Appoint Counsel

#8

Oct 03, 2025

Notice (Other)

#9

Oct 03, 2025

Notice of Appearance

#10

Oct 06, 2025

Response in Opposition to Motion

#11

Oct 09, 2025

Minute Entry for proceedings held before Judge Jinsook Ohta: Motion Hearing held on 10/9/2025 re 3 MOTION for Temporary Restraining Order filed by Sisawang Khambounheuang. The Court GRANTS the Petitioner's motion for TRO and orders that the Petitioner be released from ICE custody no later than 10/10/2025 by 12:00 p.m. in accordance with the Court's oral ruling. The Government is to file an affidavit confirming the Petitioner's release. Preliminary Injunction Hearing is set for 10/23/2025 at 08:30 AM in Courtroom 4C before Judge Jinsook Ohta. Motion for preliminary injunction is due by 10/15/20225. Response to the preliminary injunction motion is due by 10/20/2025 by 8:30 a.m. Written order to follow. (Court Reporter/ECR Cristine Gerongco). (Petitioner Attorney Kara Lee Hartzler, FD; Katie M. Hurrelbrink, FD). (Respondent Attorney Matthew Bryan Riley). (no document attached) (smy) (Entered: 10/09/2025)

#12

Oct 09, 2025

Order on Motion for TRO

Oct 09, 2025

Motion Hearing AND ~Util - Set Hearings

#13

Oct 10, 2025

Notice of Appearance

#14

Oct 10, 2025

Notice (Other)

#15

Oct 15, 2025

Preliminary Injunction

#16

Oct 17, 2025

Response in Opposition to Motion

#17

Oct 23, 2025

ORDER Granting Motion for Preliminary Injunction (Re ECF No. 15 ). Signed by Judge Jinsook Ohta on 10/23/2025. (rxc)

#18

Oct 23, 2025

Minute Entry for proceedings held before Judge Jinsook Ohta: Motion Hearing held on 10/23/2025 re 15 MOTION for Preliminary Injunction filed by Sisawang Khambounheuang. The Court will issue a written order. (Court Reporter/ECR Cristine Gerongco). (Petitioner Attorney Kara Lee Hartzler, FD). (Respondent Attorney Matthew Bryan Riley, AUSA; Erin Dimbleby, AUSA). (no document attached) (smy) (Entered: 10/23/2025)

Oct 23, 2025

Motion Hearing

#19

Oct 28, 2025

Declaration

#20

Nov 13, 2025

Dismiss

Nov 17, 2025

Order on Motion to Dismiss