• The Ninth Circuit did not rule on whether the INS's indefinite detention policy violates the Fifth Amendment's due process guarantees. Instead, it narrowly interpreted 8 U.S.C. § 1231(a)(6) to disallow indefinite detention.
• The court held that Congress did not authorize the INS to detain indefinitely aliens who cannot be removed to their native country.
Zadvydas v. Davis, 533 U.S. 678 (2001)
Held that hat the indefinite detention of immigrants ordered removed, beyond the 90-day removal period, is unconstitutional unless the government can show a realistic likelihood of removal in the foreseeable future.
Detention beyond six months is presumptively unreasonable under the Due Process Clause of the Fifth Amendment.
Back to Alan’s story
– how did he end up here?
• The communist Pathet Lao took control of Laos in 1975, leading to political repression.
• Ethnic minorities who allied with the U.S., were persecuted.
• Extensive U.S. bombing campaigns caused environmental disaster.
• Millions fled to refugee camps in Southeast Asia.
• Two major refugee waves occurred from 1975 to the early 1980s.
• Resettlement was part of a large U.S. refugee program post-Vietnam War.
Alan’s challenges as a teenager.
Integration was difficult for refugees as it is for many from a cultural background.
Alan suffered personal strategy as a youth.
Alan got caught up with the wrong people.
He was convicted of bank fraud.
He cooperated, accepted responsibility, and was sentenced to time served.
He turned his life around.
ICE detains Alan
Alan’s convictions lead to his deportation and loss of refugee status.
ICE attempts to deport him, but Laos refuses to accept him.
ICE seeks to detain him indefinitely.
Due to Ma and Zadvydas rulings, ICE releases him.
ICE instructs him to check in regularly and informs him that if Laos agrees to take him back, the removal process will start.
Alan checks in for 20 years without any issues.
Alan turns his life around over 20 years.
• Alan establishes ties to the community.
• He contributes actively.
• He gets married and has children.
• He maintains multiple jobs.
2024 – Change in ICE practices
No formal repatriation agreement exists between the administration and Laos. Laos historically rarely issued travel documents for deportation. Under U.S. pressure, Laos has recently begun issuing travel documents.
Alan is detained in 2025
Alan was suddenly detained by immigration authorities after more than two decades of living peacefully in the U.S. with his family.
When detained he had followed all the rules for 24 years. He did not receive proper notice or explanation.
SCP reaches out to our firm for pro bono assistance
Request firm permission for pro bono work under RPC/ABA obligations.
Firm commits paralegal, expense, and time resources for Alan's representation.
Jennie and I draft a plan for habeas petition, temporary restraining order, and vacating Alan’s conviction.
Work over the weekend, using cell phones, providing moral support, preparing declarations, and filing.
Discuss obligations with my family and Alan’s family’s needs.
Basis for habeas petition and writ of coram nobis
Alan’s 5th Amendment rights were violated due to detention without notice and opportunity to be heard.
Immediate deportation to Laos or a third country subjected Alan to cruel and unusual punishment under the 8th Amendment.
The Court’s immediate intervention is necessary to maintain the status quo (temporary restraining order prohibiting removal).
The Court should issue a writ of coram nobis to vacate Alan’s 1990s fraud convictions due to improper immigration advice.
Court restrains ICE from deporting Alan ordering his release
Need federal practitioners to assist with filing cases, including:
If unable to provide direct assistance, financial contributions are another way to meet obligations.
Reviewing pleadings
Providing general litigation advice
Offering paralegal resources
Helping contact community members for declarations of support
