District Court Dismisses Vietnamese National's Habeas Bid as Premature

Ong, a native and citizen of Vietnam, has a long history of immigration and criminal issues in the United States. He was admitted as a refugee in 1979 and received a final order of removal in July 2000 after waiving his right to appeal an immigration judge's decision.

Following his 2000 removal order, Ong was released on an Order of Supervision but was detained and released by ICE multiple times between 2001 and 2013. He also served prison sentences for convictions in 1997, 1999, 2005, and 2023.

ICE re-detained Ong on October 21, 2025, following his most recent release from prison after a 2023 methamphetamine conviction. He was held at the Aurora Processing Center under the supervision of Respondents Todd Lyons, Acting Director of ICE, Madison Sheaham, Deputy Director of ICE, and Juan Baltazar, Warden.

Ong filed his Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 on February 6, 2026, arguing that his continued detention violated the Fifth Amendment's Due Process Clause and the framework established in Zadvydas v. Kimel.

The Court noted that under 8 U.S.C. § 1231, the 90-day removal period restarts when an alien subject to a removal order is again detained by ICE. Because Ong was re-detained in October 2025, the clock reset, and he had been in post-order-of-removal custody for approximately four and a half months when he filed his petition.

Citing Zadvydas, the Court explained that detention is presumptively reasonable for only six months. Because Ong had not yet reached that threshold, his constitutional claim was not ripe for federal review.

The Court rejected Ong's argument that his past periods of detention should be aggregated to calculate the six-month period. The opinion cited multiple district court decisions holding that the removal-period clock restarts upon re-detention, rather than aggregating prior time.

ICE stated that Ong is a priority for removal and that it has successfully removed Vietnamese citizens with final orders of removal in recent months. A travel document request was submitted to Vietnam on March 6, 2026.

The application was denied and the action dismissed without prejudice, allowing Ong to potentially refile if his detention continues beyond the six-month presumptively reasonable period.