Southern District of California • 3:25-cv-03031

#1

Nov 07, 2025

Petition for Writ of Habeas Corpus Against Kristi Noem, Pamela Jo Bondi, Todd M. Lyons, Jesus Rocha, Christopher LaRose, (Filing fee $5.00 receipt number 164861.), filed by Hai Duc Vo. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Receipt)The new case number is 3:25-cv-3031-JO-SBC. Judge Jinsook Ohta and Magistrate Judge Steve B. Chu are assigned to the case.(ggv) (jrd) (Entered: 11/12/2025)

#2

Nov 07, 2025

MOTION to Appoint Counsel by Hai Duc Vo. (ggv)(jrd) (Entered: 11/12/2025)

#3

Nov 07, 2025

MOTION for Temporary Restraining Order by Hai Duc Vo. (ggv)(jrd) (Entered: 11/12/2025)

#4

Nov 12, 2025

Minute Order by Judge Jinsook Ohta: On November 12, 2025, Petitioner filed a petition for writ of habeas corpus and motion for temporary restraining order requesting declaratory and injunctive relief. Dkt. 1. The Court ORDERS Petitioner to serve Respondents with the habeas petition and motion for temporary restraining order [Dkts. 1, 3] by 5:00 p.m. on Friday, November 14, 2025, and file proof of service. Petitioner must also serve the U.S. Attorney's Office for the Southern District of California by a method prescribed in Rule 4(i)(1)(A) no later than 5:00 p.m. on Friday, November 14, 2025, and file proof of service. The Court ORDERS Respondents TO SHOW CAUSE why the Petition should not be granted by filing a written response no later than 12:00 p.m. on Monday, November 17, 2025. The Court further ORDERS Respondents to file, as exhibits to their response, the complete set of Petitioner's immigration records necessary for adjudication of this habeas petition, including all Department of Homeland Security records, immigration court documents, arrest or custody records, and any other materials pertaining to Petitioner's detention, processing, or removal proceedings.The Court SETS a hearing with oral argument for Thursday, November 20, 2025 at 9:30 a.m. The Court ORDERS that Petitioner shall not be transferred to another district unless Respondents provide 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 Respondents believe 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 this District for a period of at least 48 hours from the time of that docketing. Signed by Judge Jinsook Ohta on 11/12/2025. (mk) (Entered: 11/12/2025)

Nov 12, 2025

Minute Order (No Time)

#5

Nov 13, 2025

Minute Order by Judge Jinsook Ohta: On November 12, 2025, Petitioner filed a motion to appoint counsel. Dkt. 2. Under 18 U.S.C. § 3006A(a), (a)(2), the Court may appoint counsel for "any person financially unable to obtain adequate representation" when "the interests of justice so require." 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 submitted a declaration stating that he lacks sufficient funds to retain counsel. Dkt. 1-2. He reports $4,000 in savings but financial obligations of $10,000 in debt and $2,000 in monthly rent, which far exceed his savings and demonstrate his financial eligibility for appointed counsel. Dkt. 1-2 para. 6. Further, Petitioner cites legal authority in his habeas petition and motion for temporary restraining order ("TRO"), including the Supreme Court's decision in Zadvydas v. Davis, 533 U.S. 678 (2001) and United States ex rel. Accardi v. Shaughnessy, 347 U.S. 260 (1954), demonstrating that his claims are legally grounded and non-frivolous. Dkts. 1, 3. Additionally, the Court finds that it is unlikely that 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 habeas petition and motion for TRO, he appears to have received assistance from Federal Defenders, who now seek appointment as counsel. See Dkt. 2 at 1, n.1. Accordingly, the Court GRANTS Petitioner's motion to appoint counsel [Dkt. 2] and APPOINTS Federal Defenders to represent him. Signed by Judge Jinsook Ohta on 11/13/2025. (mk) (Entered: 11/13/2025)

#6

Nov 13, 2025

NOTICE of Appearance as Lead Counsel by Jessica Agatstein on behalf of Hai Duc Vo (Agatstein, Jessica)Attorney Jessica Agatstein added to party Hai Duc Vo(pty:pet) (rxc). (Entered: 11/13/2025)

#7

Nov 13, 2025

NOTICE of Appearance by Alyssa Sanderson on behalf of Pamela Jo Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Jesus Rocha (Sanderson, Alyssa)Attorney Alyssa Sanderson added to party Pamela Jo Bondi(pty:res), Attorney Alyssa Sanderson added to party Christopher LaRose(pty:res), Attorney Alyssa Sanderson added to party Todd M. Lyons(pty:res), Attorney Alyssa Sanderson added to party Kristi Noem(pty:res), Attorney Alyssa Sanderson added to party Jesus Rocha(pty:res) (rxc). (Entered: 11/13/2025)

#8

Nov 13, 2025

NOTICE of Appearance by Erin Dimbleby on behalf of Pamela Jo Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Jesus Rocha (Dimbleby, Erin)Attorney Erin Dimbleby added to party Pamela Jo Bondi(pty:res), Attorney Erin Dimbleby added to party Christopher LaRose(pty:res), Attorney Erin Dimbleby added to party Todd M. Lyons(pty:res), Attorney Erin Dimbleby added to party Kristi Noem(pty:res), Attorney Erin Dimbleby added to party Jesus Rocha(pty:res) (rxc). (Entered: 11/13/2025)

Nov 13, 2025

Order on Motion to Appoint Counsel

#9

Nov 14, 2025

Joint MOTION for Extension of Time to Amend 4 Minute Order (No Time),,,,,,, Briefing Schedule by Pamela Jo Bondi, Christopher LaRose, Todd M. Lyons, Kristi Noem, Jesus Rocha. (Sanderson, Alyssa) (Entered: 11/14/2025)

#10

Nov 14, 2025

Minute Order by Judge Jinsook Ohta: The parties filed a joint motion to extend Respondents' deadline to respond to the Court's order to show cause [Dkt. 9]. For good cause shown, the Court GRANTS the parties' motion for extension [Dkt. 9]. Respondents shall file their response to the motion for temporary restraining order and habeas petition by November 18, 2025 at 12 p.m.The Court reschedules the hearing set for November 20, 2025 to November 19, 2025 at 9:30 a.m. Counsel may appear by videoconference. The courtroom deputy will provide the videoconference information prior to the hearing. Signed by Judge Jinsook Ohta on 11/14/2025. (mk) (Entered: 11/14/2025)

#11

Nov 14, 2025

NOTICE of Service by Hai Duc Vo re 4 Minute Order (No Time),,,,,,, (Attachments: # 1 Proof of Service, # 2 Proof of Service, # 3 Proof of Service)(Agatstein, Jessica) (Entered: 11/14/2025)

Nov 14, 2025

Order on Motion for Extension of Time to Amend

#12

Nov 18, 2025

Response in Opposition to Motion

#14

Nov 19, 2025

Order on Motion for TRO

Nov 19, 2025

Motion Hearing