Case: Tuong Huan Van Dinh v. Reno

1:98-cv-00926 | U.S. District Court for the District of Colorado

Filed Date: April 27, 1998

Closed Date: 2000

Clearinghouse coding complete

Case Summary

In March 1998, plaintiff Tuong Huan Van Dinh, a lawful permanent resident alien facing deportation because of a criminal conviction, filed a habeas corpus action in the District Court for the District of Colorado, individually and on behalf of others similarly situated, challenging the constitutionality of holding deported aliens indefinitely when their country of origin refused to allow them reentry. Subsequent to the suit being filed, plaintiff received notice that he and other immigration d…

In March 1998, plaintiff Tuong Huan Van Dinh, a lawful permanent resident alien facing deportation because of a criminal conviction, filed a habeas corpus action in the District Court for the District of Colorado, individually and on behalf of others similarly situated, challenging the constitutionality of holding deported aliens indefinitely when their country of origin refused to allow them reentry. Subsequent to the suit being filed, plaintiff received notice that he and other immigration detainees might be transferred from the facility in Aurora, Colorado to other facilities due to a contract dispute with the facility operator.

On April 24 1998, plaintiff filed an amended application for habeas corpus, challenging the possibility of his transfer as being an unconstitutional, denial of his right to counsel if moved to a remote area. He requested class certification and a TRO to prevent transfer of all detainees outside of the Denver-area. The District Court issued a TRO, suspending any detainee transfers until a hearing set on April 27.

On April 26, 1998, plaintiff and other immigrant detainees filed a separate class action lawsuit under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). In that suit, plaintiffs requested injunctive relief restraining all alien transfers until the detainees were able to consult with local counsel. Plaintiffs also moved for class certification and to consolidate the case with Tuong's original habeas action.

The government moved to dismiss both cases for lack of jurisdiction.

At the April 27 TRO hearing, the government advised the Court that it reached a temporary contract extension for its facility in Aurora, Colorado, making the TRO moot. A long term contract was subsequently entered and the parties eventually reached a stipulation with regard to Tuong's bail, resolving his habeas case.

As the government was no longer transferring detainees from Aurora, Colorado, it moved to dismiss as moot the Bivens class action. Plaintiffs filed a response, agreeing that the case was moot, but requesting attorneys fees under the Equal Access to Justice Act (EAJA), 28 U.S.C.S. § 2412(d)(1)(A). The District Court refused to award attorneys fees, concluding that plaintiffs had not shown that they were the prevailing party. Plaintiffs appealed.

The Tenth Circuit Court of Appeals found that the District Court did not have subject matter jurisdiction over the case. The judgment was vacated and the case was remanded for dismissal with prejudice. Van Dinh v. Reno, 197 F.3d 427 (10th Cir. 1999).

Summary Authors

Dan Dalton (11/15/2007)

People


Judge(s)

Kane, John L. Jr. (Colorado)

McKay, Monroe G. (Utah)

Murphy, Michael R. (Minnesota)

Tacha, Deanell Reece (Kansas)

Attorneys(s) for Plaintiff

Salvator, Jim (Colorado)

Attorneys(s) for Defendant

Hegarty, Michael E. (Colorado)

Howard, William J. (District of Columbia)

Kline, David J. (District of Columbia)

McMahon, Linda A. (Colorado)

Pestal, Mark S. (Colorado)

Judge(s)

Kane, John L. Jr. (Colorado)

McKay, Monroe G. (Utah)

Murphy, Michael R. (Minnesota)

Tacha, Deanell Reece (Kansas)

Attorneys(s) for Plaintiff

Salvator, Jim (Colorado)

Attorneys(s) for Defendant

Hegarty, Michael E. (Colorado)

Howard, William J. (District of Columbia)

Kline, David J. (District of Columbia)

McMahon, Linda A. (Colorado)

Pestal, Mark S. (Colorado)

Documents in the Clearinghouse

Document

1:98-cv-00926

Docket (PACER)

Dinh v. Reno

Jan. 31, 2000

Jan. 31, 2000

Docket

1:98-cv-00652

Docket [related case]

Dinh v. Greene

Feb. 22, 2000

Feb. 22, 2000

Docket

98-01312

Docket [USCA]

Dinh v. Reno

U. S. Court of Appeals for the Tenth Circuit

Aug. 11, 2003

Aug. 11, 2003

Docket

98-01312

Order [Remanding Case for Dismissal]

Dinh v. Reno

U. S. Court of Appeals for the Tenth Circuit

197 F.3d 427

Nov. 18, 1999

Nov. 18, 1999

Order/Opinion

Resources

Docket

Last updated July 20, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

Application (PETITION) FOR WRIT OF HABEAS CORPUS (former empl) (Entered: 03/23/1998)

March 20, 1998

March 20, 1998

FILING FEE PAID on 3/20/98 in the amount of $5.00, receipt # 194712. (former empl) (Entered: 03/23/1998)

March 20, 1998

March 20, 1998

2

MOTION by petitioner for temporary restraining order (gms) (Entered: 04/17/1998)

April 16, 1998

April 16, 1998

3

LETTER to counsel re reassignment to Judge Kane (former empl) (Entered: 04/20/1998)

April 20, 1998

April 20, 1998

4

RESPONSE by respondent Joseph Greene in opposition to motion for temporary restraining order [2-1] (former empl) (Entered: 04/23/1998)

April 22, 1998

April 22, 1998

5

COURTROOM MINUTES by Judge John L. Kane denying motion for temporary restraining order [2-1]; denying and dismissing habeas corpus petition [1-1]; entry date: 4/23/98; Court Reporter: Kara Spitler (former empl) (Entered: 04/23/1998)

April 22, 1998

April 22, 1998

6

Certified Copy of TRANSCRIPT of proceedings before Judge John L. Kane, Jr. of Hearing on Petitioner's Motion for Summary April 22, 1998 ( 1-21 pages) Prepared By: Kara Spitler, CSR (former empl) (Entered: 04/23/1998)

April 22, 1998

April 22, 1998

7

ORDER by Judge John L. Kane denying motion for temporary restraining order [2-1]; denying habeas corpus petition [1-1]; case will remain administratively open; in event pet refiles application, it shall be an amended application; if application not filed by 4/23/99, case will be closed; case mgmt ddl set 4/23/99 (cc: all counsel); entry date: 4/24/98 (former empl) (Entered: 04/24/1998)

April 23, 1998

April 23, 1998

8

MOTION by petitioner Tuong Huan Van Dinh to reopen the case for amended application for writ of habeas corpus (former empl) (Entered: 04/24/1998)

April 24, 1998

April 24, 1998

9

AMENDED Application (PETITION) FOR WRIT OF HABEAS CORPUS (former empl) (Entered: 04/24/1998)

April 24, 1998

April 24, 1998

10

MOTION by petitioner Tuong Huan Van Dinh to certify class action (former empl) (Entered: 04/24/1998)

April 24, 1998

April 24, 1998

11

Memorandum (BRIEF) on the Law FILED by petitioner Tuong Huan Van Dinh (former empl) (Entered: 04/24/1998)

April 24, 1998

April 24, 1998

12

MOTION by petitioner Tuong Huan Van Dinh for temporary restraining order re amended application for writ of habeas corpus to challenge denial of right to counsel due to prisoner transfer (former empl) (Entered: 04/24/1998)

April 24, 1998

April 24, 1998

13

TEMPORARY RESTRAINING ORDER by Judge Edward W. Nottingham: petitioner (& the class) shall not be transferred out of the Denver area; this order expires 4/27/98 at 5:00 (cc: all counsel) (former empl) (Entered: 04/24/1998)

April 24, 1998

April 24, 1998

15

RESPONSE by respondent Joseph Greene to motion for temporary restraining order re amended application for writ of habeas corpus to challenge denial of right to counsel due to prisoner transfer [12-1] (former empl) (Entered: 04/27/1998)

April 27, 1998

April 27, 1998

16

Entry of Special (ATTORNEY) APPEARANCE by Wackenhut Corrections Corp (former empl) (Entered: 04/28/1998)

April 27, 1998

April 27, 1998

17

COURTROOM MINUTES by Judge John L. Kane denying motion to consolidate cases (with 98-K-926) [14-1]; withdrawing entry of appearance [16-1]; regarding [12-1] motion for temporary restraining order...court informed of contract extension to 5/22/98; entry date: 4/28/98; Court Reporter: Lolita Hurst (former empl) (Entered: 04/28/1998)

April 27, 1998

April 27, 1998

18

MOTION by petitioner for temporary restraining order (former empl) (Entered: 06/01/1998)

May 29, 1998

May 29, 1998

Tendered Amended Application for Writ of Habeas Corpus submitted by petitioner (former empl) (Entered: 06/03/1998)

May 29, 1998

May 29, 1998

19

COURTROOM MINUTES - Hearing on TRO by Judge John L. Kane: motion for temporary restraining order [18-1] not true mtn for tro but a rqst that pet be released on bond, bond approved as stipulated; status reports due 9/4/98; entry date: 6/4/98; ECR Operator: Lucy Irwin (former empl) (Entered: 06/04/1998)

June 3, 1998

June 3, 1998

20

First STATUS REPORT by respondent (former empl) (Entered: 09/04/1998)

Sept. 3, 1998

Sept. 3, 1998

21

MINUTE ORDER by Judge John L. Kane granting request to hold case in abeyance in [20-1] report, (cc: all counsel) ; entry date : 9/8/98 (former empl) (Entered: 09/08/1998)

Sept. 4, 1998

Sept. 4, 1998

22

TRANSCRIPT of proceedings of 6/3/98 Motions Hearing FILED IN 98-K-926 (former empl) (Entered: 12/10/1998)

Dec. 9, 1998

Dec. 9, 1998

23

MINUTE ORDER by Judge John L. Kane status report ddl set for 1/21/99 for rsp to advise of status of cases pending in 10th CCA (cc: all counsel) ; entry date : 1/8/99 (former empl) (Entered: 01/08/1999)

Jan. 7, 1999

Jan. 7, 1999

24

Reporter's TRANSCRIPT of proceedings of 4/27/98 Hearing on Motion for TRO (pages 1-5) Prepared By: Lolita Hurst (former empl) (Entered: 01/21/1999)

Jan. 20, 1999

Jan. 20, 1999

25

2nd STATUS REPORT by respondent (former empl) (Entered: 01/21/1999)

Jan. 20, 1999

Jan. 20, 1999

CJRA Report flag set in 98-K-652 pursuant to 9/4/98 Minute Order holding case in abeyance (until 10th Circuit issues decisions on 97-1437) (lam) Modified on 01/12/2000 (Entered: 04/14/1999)

March 31, 1999

March 31, 1999

26

NOTICE of Decision by 10th Circuit by respondent Joseph Greene (former empl) (Entered: 09/15/1999)

Sept. 14, 1999

Sept. 14, 1999

26

MOTION by respondent Joseph Greene to dismiss (former empl) (Entered: 09/15/1999)

Sept. 14, 1999

Sept. 14, 1999

28

RESPONSE by petitioner to motion to dismiss [26-1] (former empl) (Entered: 10/06/1999)

Oct. 5, 1999

Oct. 5, 1999

29

MINUTE ORDER by Judge John L. Kane Ruling on motion to dismiss [26-1] is deferred until mandate has issued in Jurado-Guttierez v Greene) (cc: all counsel) ; entry date 10/21/99 (former empl) (Entered: 10/21/1999)

Oct. 20, 1999

Oct. 20, 1999

30

NOTICE of Mandate by Tenth Circuit by respondent Joseph Greene re: minute order [29-1] (former empl) (Entered: 12/10/1999)

Dec. 9, 1999

Dec. 9, 1999

31

RESPONSE by petitioner to motion to dismiss [26-1] (former empl) (Entered: 12/20/1999)

Dec. 16, 1999

Dec. 16, 1999

32

MINUTE ORDER by Judge John L. Kane regarding [26-1] motion to dismiss, further response due 2/11/00, reply due 2/18/00 (cc: all counsel) ; entry date : 2/3/00 (former empl) (Entered: 02/03/2000)

Jan. 31, 2000

Jan. 31, 2000

33

2nd RESPONSE by petitioner to motion to dismiss [26-1] (former empl) (Entered: 02/15/2000)

Feb. 11, 2000

Feb. 11, 2000

34

REPLY by respondent to 2nd response to motion to dismiss [26-1] (former empl) (Entered: 02/22/2000)

Feb. 18, 2000

Feb. 18, 2000

35

MINUTE ORDER by Judge John L. Kane granting motion to dismiss [26-1] for reasons stated in motion; denying petitioners req for stay (cc: all counsel) ; entry date : 2/23/00 (former empl) (Entered: 02/23/2000)

Feb. 22, 2000

Feb. 22, 2000

Case Details

State / Territory: Colorado

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: April 27, 1998

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Alien incarcerated pending deportation requesting injunction relief against proposed transfer to another facility.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Constitutional rights

Detention - criteria

Detention - procedures