1:25-cv-01816•(HC) Nguyen Tran v. Chestnut et al
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA QUAN NGUYEN TRAN, Petitioner, v. CHRISTOPHER CHESTNUT, et al., Respondents. No. 1:25-cv-01816-DAD-JDP ORDER GRANTING PETITIONER’S MOTION FOR A TEMPORARY RESTRAINING ORDER (Doc. No. 8) On January 5, 2026, petitioner filed a motion for a temporary restraining order. (Doc. No. 8.) On January 8, 2026, respondents filed their opposition to the motion. (Doc. No. 11.) In that opposition, respondents argue that 8 U.S.C. § 1226(c) applies here. (Id. at 3.) However, because petitioner is subject to a final order of removal, the court concludes that § 1226(c) does not apply. Avilez v. Garland, 69 F.4th 525, 530, 537 (9th Cir. 2023) (finding that § 1226(c) applies during the administrative and judicial review phases of removal proceedings, whereas “Section 1231(a) applies to detention after the entry of a final order of removal”). Next, respondents argue that § 1231(a)(6) applies and that a memorandum of understanding with the Vietnamese Ministry of Public Security constitutes a change in circumstances justifying petitioner’s re-detention. (Doc. No. 11 at 4–5.) Even if § 1231(a)(6) were to apply and there were to be a change in circumstances as to petitioner, petitioner claims, and respondents do not Case 1:25-cv-01816-JDP Document 13 Filed 01/10/26 Page 1 of 2
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 dispute, that petitioner was detained without notice of the reasons for petitioner’s re-detention. (Doc. No. 8 at 4.) The court is persuaded by the analysis in Gregorio Ordonez v. Bondi, et al., No. 2:25-cv-02356-JHC-TLF, 2025 WL 3852444 (W.D. Wash. Dec. 19, 2025), report and recommendation adopted sub nom. Gregorio Ordonez v. Bondi, No. 2:25-cv-02356-JHC-TLF, 2026 WL 30022 (W.D. Wash. Jan. 5, 2026), where the district court found that under such circumstances, the respondents had violated applicable regulations and petitioner’s due process rights. Id. at *3–*9. Accordingly, 1. Petitioner’s motion for a temporary restraining order (Doc. No. 8) is GRANTED as follows: a. Respondents are ORDERED to immediately release petitioner from respondents’ custody on the same conditions that governed his release immediately prior to his detention on October 2, 2025; b. Respondents are ENJOINED AND RESTRAINED from re-detaining petitioner for any purpose, absent exigent circumstances, without providing petitioner written notice and a pre-detention hearing before a neutral adjudicator; 2. Under the circumstances of this case, petitioner will not be required to post bond pursuant to Rule 65(c) of the Federal Rules of Civil Procedure; and 3. The parties are directed to meet and confer and, if possible, submit a joint proposed briefing schedule and hearing date with respect to any motion for a preliminary injunction no later than fourteen (14) days from the date of entry of this order. IT IS SO ORDERED. Dated: January 10, 2026 DALE A. DROZD UNITED STATES DISTRICT JUDGE Case 1:25-cv-01816-JDP Document 13 Filed 01/10/26 Page 2 of 2
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