4:26-cv-00191•Ngo v. Bondi et al
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Phu Hai Le Ngo, Plaintiff, v. Pamela Bondi, Attorney General, et al., 1 Defendants. § § § § § § § § § § § § Civil Action No. 4:26-cv-00191 MEMORANDUM AND RECOMMENDATION On April 28, 2026, this Court entered an order directing the parties to confirm, by May 4, 2026, whether Petitioner Phu Hai Le Ngo has been removed to Vietnam. Dkt. 11. The Order was prompted by Respondents’ previous notice indicating that Ngo was scheduled to be removed on March 15, 2026. Dkt. 10. Only Respondents responded to the April 28, 2026 Order. Their latest notice confirms that Ngo was, in fact, removed on March 15, 2026. Dkt. 12. As noted in the prior order, Ngo had filed this proceeding under 28 U.S.C. § 2241 to challenge his detention pending removal. See Dkt. 1. Ngo did not dispute that he was subject to a final order of removal, nor did not dispute that 1 No request to substitute Bondi with the Acting Attorney General has been made. United States District Court Southern District of Texas ENTERED May 06, 2026 Nathan Ochsner, Clerk Case 4:26-cv-00191 Document 13 Filed 05/06/26 in TXSD Page 1 of 2
2 he was subject to deportation. See id. at 2, 4. Ngo’s deportation therefore moots his request for relief pending deportation. Accordingly, it is RECOMMENDED that Petitioner Phu Hai Le Ngo’s request for relief under 28 U.S.C. § 2241 be DISMISSED AS MOOT. The parties have fourteen days from service of this Report and Recommendation to file written objections. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Failure to file timely objections will preclude appellate review of factual findings and legal conclusions, except for plain error. Ortiz v. City of San Antonio Fire Dep’t, 806 F.3d 822, 825 (5th Cir. 2015). Signed on May 6, 2026, at Houston, Texas. ______________________________ Yvonne Y. Ho United States Magistrate Judge Texas. _____________________________________ Y Y Y Yvvvooonne Y. Hooo United States Magistrate Judge Case 4:26-cv-00191 Document 13 Filed 05/06/26 in TXSD Page 2 of 2
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