The order, issued by Judge Michael W. Fitzgerald on April 15, 2026, enjoins respondents Kristi Noem, Pamela Bondi, Thomas Giles, James Pilkington, and Ward Geo Group from re-detaining the petitioner unless they comply with the process required under 8 C.F.R. §§ 241.4(l)(1) and 241.13(i).
The ruling follows a temporary restraining order granted on March 19, 2026, which was issued ex parte upon the petitioner’s application. The court subsequently issued an Order to Show Cause to determine whether the temporary restriction should be converted into a preliminary injunction.
In its decision, the court reviewed the response to the Order to Show Cause and determined that good cause existed to grant the preliminary injunction pursuant to Federal Rule of Civil Procedure 65.
The injunction specifically targets the conditions under which the respondents may take action to re-detain Phan, tying the legality of such detention to strict adherence to the cited Code of Federal Regulations sections.
The case, docketed as 5:26-cv-01145, remains active in the Central District of California.