(HC) Nguyen v. Field Office Director, San Francisco Field Office, United States Immigration and Customs Enforcement

Opinion

HOANG TUONG NGUYEN, No. 1:24-cv-01579-KES-EPG (HC) Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS, DISMISSING v. PETITION FOR WRIT OF HABEAS CORPUS, AND DIRECTING CLERK OF FRANCISCO FIELD OFFICE, UNITED STATES IMMIGRATION AND Doc. 16 CUSTOMS ENFORCEMENT, et al., Respondent. Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 4, 2025, the assigned magistrate judge issued findings and recommendations that recommended dismissing the petition as moot. Doc. 16. The findings and recommendations were served on petitioner and contained notice that any objections thereto were to be filed within fourteen days after service. To date, no objections have been filed, and the time for doing so has passed. In accordance with the provisions of 28 U.S.C. § 636(b)(1), the Court has conducted a de novo review of the case. Having carefully reviewed the file, the Court holds the findings and recommendations to be supported by the record and proper analysis. In the event a notice of appeal is filed, a certificate of appealability will not be required because this is an order denying a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, nota final order in a habeas proceeding in which the detention complained of arises out of process issued by a state court. Forde v. U.S. Parole Commission, 114 F.3d 878 (9th Cir. 1997); see Ojo v. INS, 106 F.3d 680, 681-82 (Sth Cir. 1997); Bradshaw v. Story, 86 F.3d 164, 166 (10th Cir. 1996). Accordingly: 1. The findings and recommendations issued on June 4, 2025, Doc. 16, are ADOPTED in full; 2. The petition for writ of habeas corpus is DISMISSED; and 3. The Clerk of Court is directed to close the case. IIS SO ORDERED. _ Dated: _ July 26, 2025 4A : UNITED STATES DISTRICT JUDGE