Ao v. Noem et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
XIAO AO,
Petitioner,
v.
KRISTI NOEM, et al.,
Respondents.
Case No. 26-cv-00354-BAS-JLB
ORDER:
(1) 	GRANTING PETITION FOR
WRIT OF HABEAS CORPUS
(ECF No. 1); AND
(2) 	GRANTING MOTION FOR
INJUNCTIVE RELIEF
(ECF No. 2)
On December 9, 2025, the Court denied without prejudice Xiao Ao’s request for
release in Case No. 25-cv-3256-BAS-VET. (ECF No. 8 in No. 25-cv-3256.) The Court
reasoned that Petitioner had been in detention for less than six months following a final
order of removal, which is presumptively reasonable under Zadvydas v. Davis, 533 U.S.
678 (2001). 	(Id.) 	The Court noted that “if six months pass without any likelihood of
removal in the reasonably foreseeable future, Petitioner is free to refile the Petition at that
time.” (Id.)
Petitioner 	filed 	a 	renewed 	Petition 	for 	Writ 	of 	Habeas 	Corpus 	under
28 U.S.C. § 2241 because the six-month period had passed. (ECF No. 1.) He also filed a
Case 3:26-cv-00354-BAS-JLB Document 8 Filed 01/30/26 PageID.<pageID> Page
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Motion for Temporary Restraining Order that seeks immediate release (“Motion for
Injunctive Relief”). (ECF No. 2.) The Court held a hearing on the renewed Petition.
For the reasons expressed at the hearing, the Court GRANTS the Petition and the
Motion for Injunctive Relief. Specifically, the Court finds Petitioner’s detention violates
Zadvydas v. Davis, 533 U.S. 678 (2001), because there is no reasonable likelihood of
removal in the reasonably foreseeable future. Accordingly, the Court issues the following
writ:
The Court ORDERS Respondents to immediately release Xiao Ao from
custody.
The Court also finds it appropriate to grant permanent injunctive relief as follows:
Respondents are PROHIBITED from removing Xiao Ao without providing
Petitioner and his counsel with notice of the country Respondents plan to
remove him to and an opportunity to be heard.
Respondents are PROHIBITED from re-detaining Xiao Ao for removal
unless Respondents have obtained a travel document to effectuate removal.
The Clerk of Court shall close the case.
IT IS SO ORDERED.
DATED: January 30, 2026
Hon. Cynthia Bashant, Chief Judge
United States District Court
Case 3:26-cv-00354-BAS-JLB Document 8 Filed 01/30/26 PageID.<pageID> Page
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