District of Oregon • 3:26-cv-00796

#1

Apr 22, 2026

Petition for Writ of Habeas Corpus (2241- Federal) (Oral Argument Requested, Expedited Hearing Requested) Filing Fee in amount of $5 collected. Agency Tracking ID: AORDC-10240051. Susan F. Wilk, Kara Anne Sagi for O. S. S. Filed by O. S. S. against all defendants. (Attachments: # 1 civil cover sheet). (Wilk, Susan) (Main Document and attachment - civil cover sheet, switched to correct order on 4/22/2026) (cw). (Entered: 04/22/2026)

#2

Apr 22, 2026

Notice of Case Assignment: This case is assigned to Judge Karin J. Immergut. (gd) (Entered: 04/22/2026)

#3

Apr 22, 2026

ORDER: This Court is in receipt of Petitioner's Petition for Writ of Habeas Corpus, ECF 1 . The government is hereby ORDERED to respond to Petitioner's request by 9AM tomorrow, April 23, 2026. Petitioner is hereby ORDERED to immediately serve the government his petition and this Order through the U.S. Attorney's Office for the District of Oregon, USAOR.CivilHabeas@usdoj.gov. Ordered on 4/22/2026 by Judge Karin J. Immergut. (jy) (Entered: 04/22/2026)

#4

Apr 22, 2026

Notice

Apr 22, 2026

1 - Scheduling

#5

Apr 23, 2026

Temporary Restraining Order

#6

Apr 23, 2026

ORDER: This Court is in receipt of Petitioner's habeas petition, ECF 1, and Emergency Motion for TRO, ECF 5 . There is a question of whether this Court lacks jurisdiction over Petitioner's claims under 8 U.S.C. Section 1252(g). See Rauda v. Jennings, 55 F.4th 773, 777-78 (9th Cir. 2022). Petitioner is subject to a final order of removal to Laos, and Respondents state that "DHS has obtained a travel document for Petitioner from the Government of Laos." Notice, ECF 4 at 2. However, because the parties have not provided documentation of either the final removal order or Petitioner's travel document from Laos, this Court ORDERS Respondents to provide such documentary evidence as soon as possible to allow this Court to determine its jurisdiction. Until this Court rules on its jurisdiction over the habeas petition, Respondents are ORDERED not to remove Petitioner from the District of Oregon. Petitioner is ORDERED to file a supplemental brief addressing this Court's jurisdiction by 5 p.m. today, and Respondents may respond by 3 p.m. tomorrow. Ordered on 4/23/2026 by Judge Karin J. Immergut. (jy) (Entered: 04/23/2026)

#7

Apr 23, 2026

Brief

#8

Apr 23, 2026

File Document Under Seal

Apr 23, 2026

1 - Scheduling

#10

Apr 24, 2026

Notice

#11

Apr 24, 2026

Response

#12

Apr 27, 2026

ORDER: This Court has reviewed Petitioner's Supplemental Brief Addressing the Court's Jurisdiction, ECF 7, and Respondents' Response to Petitioner's Brief on Jurisdiction, ECF 11 . After reviewing binding caselaw, this Court finds that it lacks jurisdiction to hear Petitioner's request to block his removal to Laos, his country of origin, pursuant to his 2019 valid final order of removal. 8 U.S.C. Section 1252(g) deprives district courts of jurisdiction "to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to... execute removal orders." The executive's discretion "to decide whether to execute a removal order includes the discretion to decide when to do it. Both are covered by the statute. Rauda v. Jennings, 55 F.4th 773, 777 (9th Cir. 2022) (citation modified). Regardless of how his claims are framed, here, Petitioner seeks additional time before his valid final order of removal to Laos may be executed. Petitioner himself "does not challenge the Respondents' right to execute the removal order." ECF 7, at 2. Congress has deprived this Court of jurisdiction to block Respondents' discretionary action to enforce Petitioner's final order of removal. See, e.g., Saelee v. Hernandez, No. 2:26-cv-00735-TL, 2026 WL 1045223, at *3 (W.D. Wash. Apr. 17, 2026). This Court finds the reasoning in Saelee to be persuasive in this case. Thus, this Court's prior order requiring Respondents "not to remove Petitioner from the District of Oregon," ECF 6, is hereby VACATED. In light of this Court's ruling on its jurisdiction, Petitioner is hereby ORDERED to inform this Court within seven (7) days of this Order if there is any reason why this case should not be dismissed without prejudice. Ordered on 4/27/2026 by Judge Karin J. Immergut. (jy) (Entered: 04/27/2026)

Apr 27, 2026

Order

#13

May 08, 2026

ORDER: On April 27, 2026, this Court found that "it lacks jurisdiction to hear Petitioner's request to block his removal to Laos." Order, ECF 12 . In that same order, this Court ordered Petitioner "to inform this Court within seven (7) days of this Order if there is any reason why this case should not be dismissed without prejudice." Id. Petitioner has not filed anything. Accordingly, Plaintiff's Motion for Temporary Restraining Order, ECF 5, and this action are hereby DISMISSED without prejudice. Ordered on 5/8/2026 by Judge Karin J. Immergut. (jy) (Entered: 05/08/2026)

#14

May 08, 2026

Judgment - Terminate Case

May 08, 2026

Order on Motion for Temporary Restraining Order