District of Massachusetts • 1:26-cv-11286

#1

Mar 16, 2026

PETITION for Writ of Habeas Corpus (2241), filed by Nik Phan. (Attachments: # 1 Envelope)(JB) (Main Document 1 replaced on 3/16/2026) (MAC). Modified on 3/16/2026: Removed blank page. (MAC) (Entered: 03/16/2026)

#2

Mar 16, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge F. Dennis Saylor, IV 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 Paul G. Levenson. (SP) (Entered: 03/16/2026)

#3

Mar 16, 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). (MAC) (Entered: 03/16/2026)

Mar 16, 2026

Notice of Case Assignment

#4

Mar 17, 2026

District Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered:The clerk is directed to serve a copy of the petition on the respondents and the United States Attorney for the District of Massachusetts. The respondents shall answer or respond to the petition within 14 days—that is, on or before Tuesday, March 31, 2026.(MAC) (Entered: 03/17/2026)

#5

Mar 17, 2026

District Judge F. Dennis Saylor, IV: ORDER entered. Procedural Order regarding resolution of filing fee. Plaintiff must respond within 21 days. (jm) (Entered: 03/17/2026)

#6

Mar 17, 2026

Copy re: 5 PSSA Order 2; AO 240 IFP Form; and Docket Sheet mailed to Nik Phan on 3/17/2026. (EZG) (Entered: 03/17/2026)

Mar 17, 2026

Order

Mar 17, 2026

Copy Mailed

#7

Mar 24, 2026

NOTICE of Appearance by Benjamin Tolkoff on behalf of Plymouth County PCCF (Tolkoff, Benjamin) (Entered: 03/24/2026)

#8

Mar 31, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241) by Plymouth County PCCF. (Attachments: # 1 Exhibit Declaration of Brian E. Sullivan, # 2 Exhibit Notice of Revocation of Release)(Tolkoff, Benjamin) (Entered: 03/31/2026)

#9

Apr 06, 2026

MOTION for Leave to Proceed in forma pauperis by Nik Phan.(MAC) (Entered: 04/06/2026)

#10

Apr 24, 2026

District Judge F. Dennis Saylor, IV: ELECTRONIC ORDER. The motion for leave to proceed in forma pauperis 9 is GRANTED. (jm) (Entered: 04/24/2026)

Apr 24, 2026

Order on Motion for Leave to Proceed In Forma Pauperis

#11

Apr 27, 2026

Copy re 10 Order on Motion for Leave to Proceed in forma pauperis mailed to Nik Phan on 4/27/2026. (MAC) (Entered: 05/05/2026)

#12

May 04, 2026

Letter/request (non-motion) from Nik Phan. (MAC) (Entered: 05/05/2026)

#13

May 05, 2026

Motion Seeking Leave to Amend the Original Petition from Nik Phan. Associated Cases: 1:26-cv-12036-FDS, 1:26-cv-11286-FDS (MAC) Modified on 5/6/2026: Updated docket text. (MAC) (Entered: 05/05/2026)

May 05, 2026

Copy Mailed

#14

May 06, 2026

District Judge F. Dennis Saylor, IV: ELECTRONIC ORDER entered. Petitioner’s letter (Dkt. No. 13 ) and the new petition for a writ of habeas corpus filed in Case No. 26-cv-12036, Dkt. No. 1, will be construed as a motion seeking leave to amend the original petition filed in Case No. 26-cv-11286. The government is directed to respond to petitioner’s motion seeking leave to amend within fourteen days—that is, on or before May 19, 2026.(MAC) (Entered: 05/06/2026)

#15

May 06, 2026

Copy re 14 Order, mailed to Nik Phan on 5/6/2026. (MAC) (Entered: 05/06/2026)

May 06, 2026

Copy Mailed

May 06, 2026

Order

#16

May 18, 2026

MOTION to Appoint Counsel by Nik Phan.(MAC) (Entered: 05/18/2026)

#17

May 18, 2026

AFFIDAVIT in Support re 16 MOTION to Appoint Counsel filed by Nik Phan. (MAC) (Entered: 05/18/2026)

#18

May 18, 2026

Letter/request (non-motion) from Nik Phan. (Attachments: # 1 Envelope)Associated Cases: 1:26-cv-12036-FDS, 1:26-cv-11286-FDS (MAC) (Entered: 05/18/2026)

#19

May 19, 2026

RESPONSE to Motion re 13 MOTION to Amend filed by Plymouth County PCCF. (Attachments: # 1 Exhibit US Cambodia Agreement)(Tolkoff, Benjamin) (Entered: 05/19/2026)

#20

May 26, 2026

NOTICE by Plymouth County PCCF re 1 Petition for Writ of Habeas Corpus (2241), 19 Response to Motion, 14 Order,, 13 MOTION to Amend of Intent to Remove Petitioner (Attachments: # 1 Exhibit Supp. Dec. B. Sullivan)(Tolkoff, Benjamin) (Entered: 05/26/2026)

#21

May 29, 2026

District Judge F. Dennis Saylor, IV ELECTRONIC ORDER entered: re ECF No. 1, Petition for Writ of Habeas Corpus by Nik Phan. On March 16, 2026, petitioner, a Cambodian national, filed a petition for a writ of habeas corpus, and on May 5, 2026, petitioner filed a second petition, which the Court construed as a motion seeking leave to amend the original petition. In essence, petitioner contends that his re-detention violates his Fifth Amendment due-process rights, as interpreted by the Supreme Court in Zadvydas v. Davis, 533 U.S. 678 (2001), and the regulations concerning revocation of supervision, 8 C.F.R. §241.4 and §241.13.Petitioner was first ordered removed from the United States in 2001, following a conviction for an aggravated felony. (Dkt. No. 8 -1 19). At that time, the United States was unable to effect the removal of Cambodian nationals because Cambodia was unwilling to accept their return. Recently, however, following an agreement between the United States and Cambodia, the country agreed to accept the repatriation of Cambodian nationals ordered removed from the United States, and has begun issuing travel documents to permit such removals to occur. (Id. 8-9). ICE submitted a travel document request to the Cambodian government on petitioners behalf in April 2026, and petitioner was interviewed on May 12, 2026. (Dkt. No. 20 -1 7-8). The government expects that a travel document will be issued such that petitioner can be removed the week of June 1, 2026. (Id. 10).Accordingly, Zadvydas does not bar petitioners detention under the present circumstances. Zadvydas recognized that, to avoid serious due-process concerns, the post-final-order detention statute, 8 U.S.C. § 1231(a)(6), must be read to include an implicit limitation that a noncitizens detention must be limited to a period reasonably necessary to bring about that [noncitizens] removal from the United States. Zadvydas, 533 U.S. at 689. Here, where the government has provided substantial evidence that petitioners removal can and will be effected in the near future, his re-detention does not violate the Fifth Amendment. Similarly, the regulations governing re-detention of a noncitizen released on supervision permit the revocation of release where the government, on account of changed circumstances,...determines that there is a significant likelihood that the [noncitizen] may be removed in the reasonably foreseeable future. 8 C.F.R. § 241.13(i)(2). The government has made such a showing here.For those reasons, petitioner has not shown that [h]e is in custody in violation of the Constitution or laws...of the United States. 28 U.S.C.§ 2241(c)(3). Accordingly, the motion seeking leave to amend the petition (Dkt. No. 13 ) will be GRANTED, and the petition (Dkt. No. 1 ) will be DENIED. Petitioners motion to appoint counsel (Dkt. No. 16 ) will be DENIED as moot. (MAC) (Entered: 05/29/2026)

#22

May 29, 2026

Copy re 21 Order mailed to Nik Phan on 5/29/2026. (MAC) (Entered: 05/29/2026)

May 29, 2026

Order on Motion to Amend AND Order on Motion to Appoint Counsel

May 29, 2026

Copy Mailed

#23

Jun 15, 2026

Mail sent to Nik Phan re 21 Order on Motion to Amend, Order on Motion to Appoint Counsel, Returned as Undeliverable. (MAC) (Entered: 06/16/2026)

#24

Jun 16, 2026

Letter/request (non-motion) from Nik Phan. Associated Cases: 1:26-cv-12036-FDS, 1:26-cv-11286-FDS (MAC) (Entered: 06/16/2026)

#25

Jun 16, 2026

Copy of the electronic order entered on 5/29/26 mailed to Nik Phan's updated address on 6/16/2026. Associated Cases: 1:26-cv-12036-FDS, 1:26-cv-11286-FDS (MAC) (Entered: 06/16/2026)

Jun 16, 2026

Copy Mailed

#26

Aug 10, 2026

Letter/request (non-motion) from Nik Phan. (Attachments: # 1 Transfer Notice) Associated Cases: 1:26-cv-11286-FDS, 1:26-cv-12036-FDS (MAC) (Entered: 08/11/2026)

#27

Aug 24, 2026

Letter Requesting Re-Opening of Habeas Petition. (Attachments: # 1 Proof of Service)Associated Cases: 1:26-cv-12036-FDS, 1:26-cv-11286-FDS(MAC) (Entered: 08/24/2026)

#28

Sep 10, 2026

District Judge F. Dennis Saylor, IV ELECTRONIC ORDER entered: In his other open case, Phan v. Wesling, No. 26-cv-12036-FDS (D. Mass. filed May 5, 2026), petitioner recently filed a motion to reopen his habeas petition because he remains detained but has not yet been removed. On or before September 24, 2026, respondents shall file a status report addressing the status of petitioner's removal to Cambodia. (MAC) (Entered: 09/10/2026)

Sep 10, 2026

Order

#29

Sep 11, 2026

STATUS REPORT Petitioner Removed to Cambodia on September 8, 2026 by Plymouth County PCCF, David Wesling. (Attachments: # 1 Exhibit Warrant of Removal Executed 9.8.2026)(Tolkoff, Benjamin) (Entered: 09/11/2026)

#30

Sep 17, 2026

Order Dismissing Case

#31

Sep 17, 2026

Order Dismissing Case