Background on the Chhoeun class action settlement
Since 2017, the Asian Law Caucus, Sidley Austin LLP, and two community members, Mr. Nak Kim “Rickie” Chhoeun and Mr. Mony Neth, filed a class action lawsuit called Chhoeun v. Quinones (previously known as Chhoeun v. Marin and later Chhoeun v. Giles). The case was brought on behalf of all Cambodian nationals who were ordered deported years or decades ago based on criminal convictions, but were released on orders of supervision because Cambodia would not accept their return. Following large-scale raids in Southeast Asian American communities by Immigration and Customs Enforcement (ICE) in October 2017, some of these Cambodian nationals were detained and hundreds of others were at risk of re-detention without warning.
The 2017 raids were initiated by the Trump administration who had pressured Cambodia to start accepting people deported from the U.S. After years or decades of living peacefully in the U.S., working, and raising families, hundreds of people were faced with imminent deportation to Cambodia, including those whose original convictions had been overturned or ruled unconstitutional.
Community groups across the country jumped into action. At the Asian Law Caucus, we filed the Chhouen lawsuit to protect community members’ rights. We argued that ICE violated the constitutional rights of Cambodian nationals with deportation orders by re-detaining them without warning. The goal of the lawsuit was to require ICE to give notice to Cambodian nationals before re-detaining them, so that these individuals have an opportunity to explore legal challenges to deportation. The lawsuit did not ask for money.
Summary of legal developments
- In April 2020, the U.S. District Court for the Central District of California concluded that ICE could not re-detain and deport class members who have followed their orders of supervision since their initial release unless ICE first served them with a written notice at least fourteen days prior to re-detention. The United States government appealed the court’s order to the U.S. Court of Appeals for the Ninth Circuit.
- In October 2024, the parties reached a proposed class settlement agreement to end the government’s appeal in Chhoeun. The court granted final approval of the class settlement on April 27, 2026.
- Under the settlement agreement, ICE must provide a one-time Notice to all class members (not just those who have followed their orders of supervision since release). The Notice will remind class members of ICE’s legal authority to re-detain and deport them and will provide class members with relevant documents from their immigration file. The purpose of the Notice is to provide class members with information about their immigration case and guidance about how to explore available resources and legal options to potentially prevent deportation. The Notice prompts class members to explore their legal options and prepare for the possibility of re-detention. Settlement class members in Chhoeun include Cambodian nationals residing in the U.S. with final orders of deportation or removal who were detained and released to live their lives in the U.S., but have been or may be re-detained by ICE to be deported to Cambodia.
This webpage, also linked at CambodiaSettlement.com, provides information for class members on the proposed settlement and their rights, as well as resources to seek legal support.
Frequently Asked Questions for Class Members
Chhoeun Lawsuit and Settlement
What was this lawsuit about?
WHAT: The lawsuit was filed in 2017 on behalf of all Cambodian nationals with deportation orders who were released from U.S. Immigration and Customs Enforcement (ICE) and have been or may be re-detained by ICE to be deported to Cambodia.
WHY: The lawsuit sought to require ICE to give notice to class members before re-detaining them. In settling the lawsuit, we aimed to preserve some advance notice and information to class members, prior to re-detention, to meaningfully explore their legal options to prevent deportation.
What is a class action settlement?
A class action settlement is an agreement between the parties to resolve and end the case. A class action settlement affects other individuals in the same situation who, although not specifically named in the lawsuit as plaintiffs or parties, would benefit from the settlement.
How do I know if I am a class member eligible for the settlement terms?
You may be a Chhouen class member entitled to the terms of this settlement if you are within either of the following two groups:
Group 1 (Current Class Members)
- A Cambodian national residing in the U.S.,
- Who received a deportation or removal order, and
- Who was released from immigration detention before the settlement agreement was granted final approval by the Court on April 27, 2026.
Group 2 (Future Class Members)
- A Cambodian national residing in the U.S.,
- Who received a deportation or removal order, and
- Who is or will be released from immigration detention within three years after April 27, 2026 (the date that the settlement agreement was granted final approval by the Court)
Right now, we anticipate that about 1,300 people across the country are current (Group 1) class members. Class members may have been first detained by ICE years or decades ago on the basis of an old criminal conviction.
What does the settlement require?
The settlement requires ICE, within six months of the court’s April 27, 2026 approval of the class settlement, to mail a one-time informational Notice to all current class members (“Group 1”). Group 1 includes all Cambodian nationals who as of April 27, 2026, have deportation orders and were previously released from immigration detention. The required Notice reminds the class member that they are subject to a final deportation order and provides information on how the class member can explore whether they have legal options to prevent deportation. Specifically, the Notice explains what a “motion to “reopen” a deportation order is and provides information about free legal service providers.
ICE is also required to provide copies of relevant documents from the class member’s immigration files with the Notice, which can help the class member seek legal advice on whether a motion to “reopen” their deportation order might be possible. ICE is required to send a copy of each current class member’s Notice and relevant individual documents to class counsel at the Asian Law Caucus. If you are a current class member and did not receive the Notice, you can contact the Asian Law Caucus at cambodiasettlement@asianlawcaucus.org for a copy.
For the next three years, ICE is also required to provide a similar informational Notice to the Cambodian nationals who get a deportation order after April 27, 2026 (“Group 2”), upon their release from immigration detention. ICE is not required to provide documents from the individual’s immigration file with the Notice for Group 2.
The fact that a class member receives the informational notice does not necessarily mean that ICE has immediate plans to detain or deport the class member.
When can I expect to receive the informational Notice from ICE that is required by the settlement?
ICE must mail the informational Notice described above to Group 1 class members within six months of April 27, 2026, the date of the Court's final approval of the settlement. Group 1 class members are all Cambodian nationals who have deportation orders or removal orders and who have been released from ICE detention as of April 27, 2026.
ICE must serve informational notices on Group 2 class members upon their release from immigration detention. Group 2 class members are all Cambodian nationals who receive new deportation orders and are released from ICE detention at any point for a period of three years after the date of the Court’s final approval of the settlement, April 27, 2026.
For the past few years, Cambodian nationals with deportation orders have received two weeks’ notice from ICE before they are re-detained. Does that change under the settlement?
Yes. ICE is currently required by the Court’s 2020 injunction to provide a notice two weeks before re-detention to class members who have followed their orders of supervision since their initial release from detention. The one-time Notice required by the settlement will replace the two-week pre-detention notice.
The requirement that ICE provide two week's notice, however, will stay in place until ICE has sent the informational Notice required by the settlement to all of the class members in Group 1. At this time, we don’t think will happen until at least the end of June 2026. Until then, if you have an upcoming ICE check-in, are eligible to receive a two-week notice (you have not violated your order of supervision since your initial release from ICE detention), and have not yet received written two-week notice, it may be useful to bring a copy of the court order requiring the two-week notice with you to the check in. You should contact ALC at 415-897-1701 if you believe you have been redetained in violation of the two-week notice requirement.
If you are affiliated with a nonprofit that supports community members receiving the current two-week notices, please contact us at cambodiasettlement@asianlawcaucus.org for guidance on supporting affected individuals and families.
Do I have a lawyer in this lawsuit?
In a class action, the court appoints class representatives and lawyers to work on the case and represent the interests of all the class members. Asian Law Caucus and Sidley Austin, LLP have been appointed class counsel to represent the class members.
Class counsel represents you as a member of the class in the Chhoeun case. You do not have to pay class counsel. Class counsel, however, does not represent you on your individual immigration case. If you would like a lawyer to determine your legal options in your individual immigration case, you may hire one at your own expense. For more resources, please see the legal organizations section below.
If you have questions, you may contact class members’ lawyers at:
Phone: (415) 896-1701
Email: cambodiasettlement@asianlawcaucus.org
Mail:
Chhoeun Class Counsel
Asian Law Caucus
55 Columbus Avenue
San Francisco, CA 94111
Resources
What resources are available to class members?
The Chhoeun Class Member Guide provides essential information for community members with deportation orders to navigate their legal options. It includes an overview of the Chhoeun lawsuit and settlement, steps to challenge deportation through motions to reopen, preparation for ICE interactions, and practical tools like checklists and resources for support. The guide is designed to help individuals and families explore legal options to prevent deportation and stay informed and prepared.
In addition to this information, the guide includes:
- Information on how to prepare for possible ICE contact, detention, and deportation
- Checklists for documentation and emergency preparedness
- Reentry resources in Cambodia
- Advice on how family members and communities can support their loved ones
In addition to the guide, we have prepared several videos that provide more information in English and Khmer, which are available on Vimeo and below.
What community organizations might be available to support class members?
In addition to the guide, several organizations have partnered with us in supporting community efforts related to Chhoeun. These groups, among others, may serve as valuable resources for learning more about available services and support:
NATIONAL
Southeast Asia Resource Action Center (SEARAC)
- Website: https://searac.org/
- Phone Number: 202-601-2960 (Washington, D.C.), 916-400-3240 (Sacramento)
Southeast Asian Freedom Network (SEAFN)
- Website: https://www.seafn.org/
CALIFORNIA
Asian Prisoner Support Committee (APSC)
- Website: https://www.asianprisonersupport.com/
- Phone Number: 510-396-8930
Center for Empowering Refugees and Immigrants (CERI)
- Website: https://www.cerieastbay.org/
- Phone Number: 510-444-1671
Empowering Marginalized Communities (EMAC) Stockton
- Website: https://www.emacstockton.org/
- Contact Form: https://www.emacstockton.org/contact/
New Light Wellness
- Website: https://www.newlightwellness.org/
- Contact Form: https://www.newlightwellness.org/contact
MASSACHUSETTS
Asian American Resource Workshop (AARW)
- Website: https://www.aarw.org/
- Contact Form: https://www.aarw.org/contact-us
MINNESOTA
MN8
- Website: https://minnesota8.org/
- Contact: https://minnesota8.org/get-help/
RHODE ISLAND
Providence Youth Student Movement (PrYSM)
- Website: https://www.prysm.us/
- Drop-in: Wednesdays from 10-4pm @ 807 Broad Street, Rooms 301-305, Providence, RI
- Deportation Defense Hotline: (401) 675-1414
- Online Inquiry Form: https://www.prysm.us/rice
TEXAS
Woori Juntos
- Website: https://woorijuntos.org/
- Contact: info@woorijuntos.org
WASHINGTON
Khmer Anti-Deportation and Advocacy Group (KhAAG)
- Website: https://www.khaagwa.org/
- Contact form: https://www.khaagwa.org/contact.html
What legal organizations might be able to assist class members with their individual case?
As explained in the Chhoeun Class Member Guide, some (but not all) class members may have legal grounds to move to reopen their immigration case and challenge their removal order because of new information. The following organizations may be able to help class members with motions to reopen or other post-conviction relief that can be the basis for a motion to reopen.
Before contacting these legal organizations, class members are strongly encouraged to first request their relevant immigration and criminal records (as outlined in the Chhoeun Class Member Guide), if they do not have copies already. A lawyer will need those records to understand what if any legal grounds you may have to challenge your underlying removal order. You can find videos and additional resources for requesting records in this folder.
NATIONAL
National Immigration Legal Services Directory
- Website: https://www.immigrationadvocates.org/legaldirectory/
- You can search by zip code or detention center and filter by area of legal assistance, language, and population served.
The Habeas Project
- Focus: Low-cost habeas (release from detention) and motion to reopen representation
- Website: https://www.thehabeasproject.com
CALIFORNIA
Asian Law Caucus (ALC)
- Focus: Motions to reopen and habeas (release from detention) representation for individuals who currently live in California and have California convictions and removal orders to Cambodia, Laos, or Vietnam.
- How to contact: https://www.asianlawcaucus.org/get-help
California Immigration Project
- Focus: Motion to reopen assessments and representation for low-income individuals living in California, including individuals who are currently detained.
- How to contact: Call (916) 241-3355 for a consultation.
MASSACHUSETTS
Asian Outreach Center of Greater Boston Legal Services (GBLS)
- Focus: Legal referrals and resources for low-income individuals who live in the Greater Boston area and have Massachusetts based convictions and removal orders to Cambodia, Laos, or Vietnam.
- How to contact: Call our voicemail line at 617.603.1809 to apply for legal help.
OREGON
Equity Corps of Oregon
- Focus: Immigration legal services for low-income individuals living in Oregon State, including motions to reopen.
- How to contact: https://equitycorps.org/enroll/
WASHINGTON
Northwest Immigrant Rights Project (NWIRP)
- Focus: Immigration legal services for low-income individuals living in Washington State, including motions to reopen.
- How to contact: https://nwirp.org/get-help/
Seattle Clemency Project
- Focus: Post-conviction relief and habeas
- How to contact: https://www.seattleclemencyproject.org/intake
Videos
In these videos, we go through questions and resources related to the Chhoeun settlement, how you can prepare for ICE check-ins, and how to fight deportation. To follow along and access some of the resources mentioned, please go to our linktr.ee. The videos are also available in Khmer.