Thi Phuong Bich Hoang, a Vietnamese citizen, was re-detained by Immigration and Customs Enforcement on November 20, 2025, during what she believed was a routine check-in under an Order of Supervision. Her removal order became final in June 2002, but she had been living freely under supervision since December 2003 until ICE suddenly revoked her supervised release without notice and placed her back in detention.
Judge Ellison found that the government's prolonged inaction violated Hoang's constitutional rights under the Supreme Court's decision in Zadvydas v. Davis, which limits indefinite detention after removal orders. 'The rebuttable presumption of reasonability has been overcome,' Ellison wrote, noting that the 90-day removal period expired on September 23, 2002—more than 23 years ago. The judge emphasized that 'her removal order was final for more than twenty-three years with no steps taken towards effectuating Petitioner's removal.'
The court was particularly critical of the government's lackadaisical approach to securing travel documents from Vietnam. According to court filings, ICE did not even request travel documents until December 15, 2025—nearly a month after re-detaining Hoang. Even then, the request has not been forwarded to the U.S. attaché in Hanoi and remains 'pending before the RIO desk officer in Washington, D.C.' The Vietnamese government 'has not indicated a willingness to accept her or issue travel documents in the immediate future.'
Hoang's case follows a pattern of similar rulings across federal district courts in recent months. Judge Ellison cited decisions from Massachusetts, New Jersey, and Maryland courts that have ordered the release of long-detained immigrants facing similar circumstances. The opinion referenced cases including Nguyen v. Hyde from the District of Massachusetts and Tadros v. Noem from the District of New Jersey, both decided in 2025.
The government argued for summary judgment to maintain Hoang's detention, but the court rejected those arguments. Judge Ellison found that ICE's re-detention of Hoang 'failed to comply with 8 CFR § 241.13, thereby violating Petitioner's right to due process of law.' The court cited recent Southern District of Texas decisions in Abuelhawa v. Noem and Salgar v. Noem that reached similar conclusions about procedural violations in immigration re-detention cases.
The ruling reflects growing judicial skepticism of indefinite immigration detention, particularly in cases involving countries that are reluctant to accept deportees. While the Supreme Court in Zadvydas established that detention becomes presumptively unreasonable after six months, courts have been increasingly willing to find violations when removal prospects are remote and the government has made minimal efforts to secure deportation.
Judge Ellison ordered ICE to release Hoang within 48 hours under the terms of her previous supervision order and prohibited re-detention unless the government obtains actual travel documents from Vietnam. The court also required ICE to provide advance notice of her release and update the court on compliance by April 17, 2026. Hoang must continue complying with her previous supervision conditions, but the government cannot impose additional restrictions without a hearing.