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Case Name Trinh v. Homan IM-CA-0115
Docket / Court 8:18-cv-00316 ( C.D. Cal. )
State/Territory California
Case Type(s) Immigration and/or the Border
Attorney Organization Asian Americans Advancing Justice / AAJC
Case Summary
On February 22, 2018, four Vietnamese refugees, whose families fled Vietnam before 1995, filed this habeas petition and class action lawsuit challenging U.S. Immigration and Customs Enforcement (ICE) for arbitrarily and unlawfully detaining them. The plaintiffs represented other Vietnamese refugees ... read more >
On February 22, 2018, four Vietnamese refugees, whose families fled Vietnam before 1995, filed this habeas petition and class action lawsuit challenging U.S. Immigration and Customs Enforcement (ICE) for arbitrarily and unlawfully detaining them. The plaintiffs represented other Vietnamese refugees living in the U.S. since escaping the war or the post-war communist regime. The plaintiffs argued that ICE violated the Immigration and Nationality Act (INA) by unlawfully revoking their release from its custody, and by detaining them unlawfully when removal was not reasonably foreseeable and without individualized determinations of danger and flight risk. The plaintiffs sought habeas, declaratory, and injunctive relief. Represented by Asian Americans Advancing Justice and the private law firms Reed Smith and Davis Adams, the plaintiffs filed this case in the U.S. District Court for the Central District of California.

The complaint sought to declare two classes of Vietnamese refugees held after receiving final orders of removal -- one detained for more than 90 days and one for more than 180 days. The plaintiffs stated that all class members escaped the war or the post-war communist regime in Vietnam before 1995 when they were still young children or teenagers. They had lived in the United States ever since. Class members became involved with the criminal justice system, leading to criminal convictions, loss of their Lawful Permanent Resident (LPR) status, and removal proceedings. However, ICE released the class members after Vietnam disallowed repatriation of nationals who came to the U.S. before July 12, 1995. ICE allowed the class members to return to their communities but required them to regularly report back to demonstrate they were complying with the conditions of their release. Many of these class members established families in the U.S. But in 2017, ICE began raiding Vietnamese refugee homes and workplaces and detaining individuals with final removal orders, despite Vietnam's continuing refusal to repatriate them.

On Feb. 23, the case was assigned to Judge John A. Kronstadt. However, plaintiffs in Chhoeun v. Marin, a case challenging ICE's detention of Cambodian refugees stripped of their LPR status due to criminal convictions, moved to relate this case to that one. On Mar. 14, the Chhoeun granted the motion to relate the two cases. Both cases are now assigned to Judge Cormac J. Carney.

On Apr. 25, the plaintiffs moved for a preliminary injunction. On Apr. 30, the defendants moved to dismiss the case. On May 11, the plaintiffs filed an amended complaint, which is not publicly available yet.

The court (Judge Cormac J. Carney) denied the defendants' motion to dismiss. The court held that the plaintiffs' claims were not moot because although the named plaintiffs were released from detention, they could still be re-detained at anytime and therefore still had a live habeas relief interest. The court also held that plaintiffs has successfully asserted claims upon which relief could be granted as to their assertion that their post-removal order detention is unlawful when removal is not likely in the foreseeable future and their assertion that detentions over 6 months without individualized bond hearings are unlawful.

On Oct. 18, 2018, the court (Judge Cormac J. Carney) granted in part and denied in part class certification. The plaintiffs requested certification of three classes consisting of "(1) all pre-1995 Vietnamese immigrants who have been or will be detained by ICE for more than 90 days after receiving removal orders (“90-Day Class”), (2) all pre-1995 Vietnamese immigrants who have been or will be detained by ICE for more than 180 days after receiving removal orders (“180-Day Class”), and (3) all pre-1995 Vietnamese immigrants who have been or will be detained by ICE for more than 180 days in total without a bond hearing (“Prolonged Detention Class”)." As to the 90-day class, the court granted certification only as to the "issues of whether the Class has overcome the six month presumption of reasonableness and met its burden under Zadvydas [v. Davis (533 U.S. 678)]." The court certified the proposed 180-day and the prolonged detention classes.

The case is ongoing.

Ava Morgenstern - 05/05/2018
Virginia Weeks - 10/21/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Defendant-type
Law-enforcement
General
Habeas Corpus
Over/Unlawful Detention
Placement in detention facilities
Immigration/Border
Constitutional rights
Criminal prosecution
Deportation - criteria
Deportation - judicial review
Deportation - procedure
Detention - conditions
Detention - criteria
Detention - procedures
Family
Refugees
Status/Classification
Undocumented immigrants - rights and duties
Visas - criteria
Visas - procedures
National Origin/Ethnicity
Other
Plaintiff Type
Private Plaintiff
Race
Asian/Pacific Islander
Special Case Type
Habeas
Type of Facility
Government-run
Causes of Action Bivens
Declaratory Judgment Act, 28 U.S.C. § 2201
Ex parte Young (federal or state officials)
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) Orange County (CA) Sheriff
U.S. Department of Homeland Security
U.S. Department of Justice
U.S. Immigration and Customs Enforcement
Plaintiff Description Vietnamese immigrants stripped of their LPR status and ordered removed based on criminal convictions, but indefinitely detained because Vietnam will not accept their repatriation
Indexed Lawyer Organizations Asian Americans Advancing Justice / AAJC
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2018
Case Ongoing Yes
Case Listing IM-CA-0108 : Chhoeun v. Marin (C.D. Cal.)
Additional Resources
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  Immigrant Rights Advocates Sue ICE to Stop Illegal Incarceration of Vietnamese Refugees
www.advancingjustice-la.org
Date: Feb. 28, 2018
By: Asian Americans Advancing Justice - Los Angeles
[ Detail ] [ External Link ]

Docket(s)
8:18-cv-00316 (C.D. Cal.)
IM-CA-0115-9000.pdf | Detail
Date: 10/18/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Habeas Corpus Class Action Petition and Class Action Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-CA-0115-0001.pdf | Detail
Date: 02/22/2018
Source: PACER [Public Access to Court Electronic Records]
Order Denying Defendants' Motion to Dismiss and Habeas Return [ECF# 66] (C.D. Cal.)
IM-CA-0115-0002.pdf | Detail
Date: 09/06/2018
Source: PACER [Public Access to Court Electronic Records]
Order Denying in Part and Denying in Part Petitioners' Motion for Class Certification [ECF# 75] (C.D. Cal.)
IM-CA-0115-0003.pdf | Detail
Date: 10/18/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Carney, Cormac J. (C.D. Cal.)
IM-CA-0115-0002 | IM-CA-0115-0003 | IM-CA-0115-9000
Standish, Gail J. Court not on record [Magistrate]
IM-CA-0115-9000
Plaintiff's Lawyers Butler, Christopher M. (California)
IM-CA-0115-0001 | IM-CA-0115-9000
Cardozo, Raymond A. (California)
IM-CA-0115-9000
Davis, Jesse Anderson (Georgia)
IM-CA-0115-0001 | IM-CA-0115-9000
Derderian, Patil (California)
IM-CA-0115-0001 | IM-CA-0115-9000
Duong, Le T. (California)
IM-CA-0115-9000
Hoq, Laboni Amena (California)
IM-CA-0115-0001 | IM-CA-0115-9000
Kao, Winifred (California)
IM-CA-0115-0001 | IM-CA-0115-9000
Kim, Melanie Chun-Yu (California)
IM-CA-0115-0001 | IM-CA-0115-9000
Lapinig, Christopher M. (California)
IM-CA-0115-0001 | IM-CA-0115-9000
Lo, Kevin Chun Hoi (California)
IM-CA-0115-0001 | IM-CA-0115-9000
Nguyen, Phi U. (Georgia)
IM-CA-0115-0001 | IM-CA-0115-9000
Prasad, Anoop (California)
IM-CA-0115-0001 | IM-CA-0115-9000
Tabibkhoei, Farah (California)
IM-CA-0115-0001 | IM-CA-0115-9000
Uong, Tuan Van (California)
IM-CA-0115-0001 | IM-CA-0115-9000
Zhao, Jingni (California)
IM-CA-0115-0001 | IM-CA-0115-9000
Defendant's Lawyers Chen, Hans (District of Columbia)
IM-CA-0115-9000
Kurz, Julian (District of Columbia)
IM-CA-0115-9000
Liggett, Troy D. (District of Columbia)
IM-CA-0115-9000
Miller, Steven C. (California)
IM-CA-0115-9000

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