The court granted a temporary restraining order, finding the petitioner likely to succeed on his claim that ICE revoked a twenty-year order of supervision without the changed circumstances the regulations require and without the informal interview they require, and ordered his immediate release and reinstatement of the prior order of supervision. It rejected his indefinite-detention claim, holding he had offered no affirmative evidence that removal to Vietnam was not reasonably foreseeable.
Caution NOT A THIRD-COUNTRY REMOVAL CASE. No third country was designated; the removal at issue was to Vietnam, the country named in the removal order, and no fear-based third-country claim is discussed. It is included because it supplies the changed-circumstances and informal-interview standards that the third-country re-detention cases in this collection rely on. Beyond that: a temporary restraining order only, on a likelihood-of-success standard; the second application drew no opposition, and two earlier applications had been denied. The same order set a show-cause hearing on a preliminary injunction, whose outcome is not in this document. The petitioner lost on his indefinite-detention claim.
Redetention Prolonged detention (Zadvydas) Due process Notice
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