Ngu v. Mullin et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Nguyen Thi Ngu,
Petitioner,
v.
Markwayne Mullin, et al.,
Respondents.
No. CV-26-03154-PHX-KML (CDB)
ORDER
Petitioner challenged her immigration detention under Zadvydas v. Davis, 533 U.S.
678 (2001), arguing her detention has exceeded the removal period and there is no
significant probability of her removal in the reasonably foreseeable future. (Doc. 1.) The
Court directed Respondents to show cause why Petitioner’s petition should not be granted
as to her Zadvydas claim. (Doc. 3.) Respondents’ response stated:
Undersigned counsel is unable to ascertain sufficient facts at
this time to establish that there is a “significant likelihood of
removal in the reasonably foreseeable future.” Zadvydas v.
Davis, 533 U.S. 678, 701 (2001). Accordingly, Respondents
do not oppose Petitioner’s request for release at this time.
(Doc. 5.) The Court accepts this concession as non-opposition to granting Petitioner’s
habeas corpus petition as to her Zadvydas claim. Any remaining portions of the Petition
will be denied as moot.
IT IS ORDERED Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is
granted as to her Zadvydas claim. The Petition is otherwise denied as moot.
IT IS FURTHER ORDERED Respondents must immediately release Petitioner
Case 2:26-cv-03154-KML--CDB Document 6 Filed 05/14/26 Page 1 of 2

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from custody under the same conditions that existed before her detention.
IT IS FURTHER ORDERED Respondents must provide a notice of compliance
within two business days of Petitioner’s release.
IT IS FINALLY ORDERED any pending motions are denied as moot and the
Clerk of Court shall enter judgment in Petitioner’s favor and close this case.
Dated this 14th day of May, 2026.
Case 2:26-cv-03154-KML--CDB Document 6 Filed 05/14/26 Page 2 of 2