The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DUNG TRAN
Petitioners,
v. Case No. 2:26-cv-593-JES-NPM
WARDEN, FLORIDA SOFT SIDE
SOUTH, et al.,
Respondents.
/
OPINION AND ORDER
Petitioner Dung Tran initiated this action by filing a
petition for writ of habeas corpus under 28 U.S.C. § 2241. (Doc.
1). At the Court’s direction, the government filed a response to
the petition, arguing among other things, that Tran’s detention
was lawful as he had not yet been detained in excess of 180 days
when he filed his petition. (Doc. 3 at 3–7). On May 13, 2026,
the Court directed the government to file supplemental briefing
because, by then, Tran had been detained for 182 days. (Doc. 8).
On May 14, 2026, the government informed the Court that
“Federal Respondents are unable to establish a significant
likelihood of [Tran’s] removal in the reasonably foreseeable
future. Further, Federal Respondents do not oppose his release
under appropriate conditions of supervision to be determined by
ICE.” (Doc. 9). Accordingly, for the reasons set forth in this
Order, Tran’s petition is granted.
I. Background
Tran is a native and citizen of Vietnam who was ordered
removed from the United States on August 12, 1998. (Doc. 3 at 1).
Tran’s appeal of the removal order to the Board of Immigration
Appeals was dismissed on March 16, 1999. (Id.) At some point,
Tran was released from immigration custody under an order of
supervision, but he was re-detained on November 12, 2025. (Id.)
1
II. Discussion
“Once a noncitizen’s order of removal becomes
administratively final, the Government ‘shall’ remove the person
within 90 days.” Singh v. U.S. Attorney Gen., 945 F.3d 1310, 1313
(11th Cir. 2019) (quoting 8 U.S.C. § 1231(a)(1)(A)).
In Zadvydas v. Davis, the Supreme Court held that “if removal
is not reasonably foreseeable, the court should hold continued
detention unreasonable and no longer authorized by statute.” 533
U.S. 680, 700-01 (2001). So, “for the sake of uniform
administration in the federal courts,” Zadvydas established a
“presumptively reasonable period of detention” of six months—the
90-day removal period plus an additional 90 days. Id. at 701.
1
In their first response, Respondents argued that the Court
lacks jurisdiction to consider this petition. (Doc. 3 at 4). The
Court rejected identical jurisdiction arguments in Omar Mauso
Lasso v. South Florida Detention Facility, No. 2:26-cv-918-JES-
NPM, 2026 WL 1251678 (M.D. Fla. May 7, 2026) and Jerez Castillo v.
Noem, No. 2:26-cv-550-JES-DNF, 2026 WL 1145792 (M.D. Fla. Apr. 28,
2026). The Court’s reasoning in those cases also applies here.
If, after 180 days, the noncitizen provides “good reason to believe
that there is no significant likelihood of removal in the
reasonably foreseeable future,” the government must provide
sufficient evidence to show otherwise. Id.
Respondents agree that Tran has been in immigration custody
for more than 180 days and that his removal is unlikely to occur
in the reasonably foreseeable future. (Doc. 9). Thus, he is
entitled to release from detention, but he remains subject to the
terms of an order of supervision. If Tran fails to comply with
the conditions of release, he may be subject to criminal penalties—
including further detention. See 8 U.S.C. § 1253(b); Zadvydas,
533 U.S. at 695(“[W]e nowhere deny the right of Congress ... to
subject [aliens] to supervision with conditions when released from
detention, or to incarcerate them where appropriate for violations
of those conditions”).
If removal becomes likely in the reasonably foreseeable
future, ICE can re-detain Tran to “assur[e] [his] presence at the
moment of removal.” Zadvydas, 533 U.S. at 680.
Accordingly, it is hereby ORDERED:
1. Dung Tran’s Petition for Writ of Habeas Corpus (Doc. 1)
is GRANTED.
2. Respondents shall release Tran within 24 hours of this
Order, and they shall facilitate his transportation from the
detention facility by allowing him telephone access to notify
counsel and his family of when and where he can be collected.
3. The Clerk is DIRECTED to terminate any pending motions
and deadlines, enter judgment, and close this case.
DONE AND ORDERED in Fort Myers, Florida on May 18, 2026.
J 1 E. STEELE
SHRWIOR UNITED STATES DISTRICT JUDGE