Background on the proposed Chhoeun v. Giles 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, have been litigating a class action lawsuit called Chhoeun v. Giles (previously known as Chhoeun v. Marin). The class action lawsuit 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 a class action 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.
We have continued to fight this case to give Cambodian American communities every opportunity to keep their families together.
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 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 settlement agreement to end the government’s appeal in Chhoeun. Under the settlement agreement, the government will provide a one-time notice to all class members reminding them of ICE’s legal authority to re-detain and deport them. The purpose of the notice is to provide class members with information about their immigration cases and guidance about how to explore available resources and legal options to potentially prevent deportation. This notice prompts class members to explore their legal options and prepare for the possibility of re-detention. Settlement class members in Chhoeun v. Giles 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.
- On July 9, 2025, the U.S. District Court for the Central District of California preliminarily approved the settlement agreement and further clarified its preliminary approval on July 22, 2025. The settlement is not yet in effect. As a result of the preliminary approval, notices were mailed to class members to provide them an opportunity to object if they do not agree with the proposed settlement. The deadline for objections was October 10, 2025. The next step is for the court to hold a hearing to consider final approval of the settlement. That hearing was originally scheduled for November 29, 2025, but was postponed due to the federal government shutdown. The hearing has now been rescheduled to April 17, 2026 at 9 a.m. before the Honorable John W. Holcomb, United States District Court Judge in Courtroom 9D of the Ronald Reagan Federal Building and United States Courthouse, 411 West Fourth Street, Santa Ana, California 92701.
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 v. Giles Lawsuit and Proposed Settlement
What is 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 that 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?
Class members are people who are covered by the lawsuit and the resulting settlement. You may be a 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
- Was released from immigration detention before the settlement agreement is granted final approval by the Court
Group 2 (Future Class Members)
- A Cambodian national residing in the U.S.,
- Who received a deportation or removal order, and
- Is or will be released from immigration detention within the three years after the settlement agreement is granted final approval by the Court
Right now, we anticipate that about 1,300 people across the country are class members. Class members may have been first detained by ICE years or decades ago on the basis of an old criminal conviction.
What will the proposed settlement do?
In October 2024, the U.S. government and the plaintiffs in this case reached a settlement agreement. The proposed settlement agreement requires ICE to provide a one-time notice to class members prior to seeking to re-detain and deport them. The required notice will advise class members that they are subject to removal from the United States and will provide information about how class members may pursue legal remedies. The notice will not state whether or when a class member may be re-detained. 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.
The proposed settlement agreement will also withdraw the court’s April 2020 order that ICE must serve class members who have followed their orders of supervision with a written notice at least fourteen days prior to re-detention.
Under the settlement agreement, when can I expect to receive a notice from ICE?
If the settlement receives final approval:
ICE must mail “informational notices” to Group 1 class members within six months of the effective date of the Agreement. Group 1 class members are all Cambodian nationals who have deportation or removal orders and who have been released from ICE detention at the time of final settlement approval.
Group 1 class members will also be given copies of their immigration court documents, removal orders, and criminal conviction records. These documents can help a lawyer determine a class member’s legal options, including whether they can reopen their immigration case to try to cancel the deportation order.
Until the settlement is finally approved and ICE sends informational notices to all the class members in Group 1, ICE must continue to mail a written notice at least two weeks in advance if they plan to detain a class member.
Group 2 class members are all Cambodian nationals who receive new deportation orders and are released from ICE detention for a period of three years after the effective date of the settlement agreement. ICE must serve informational notices on Group 2 class members upon their release from immigration detention.
Group 2 class members will not receive copies of their immigration court documents, removal orders, or criminal conviction records with the informational notice. Group 2 class members may have copies of these documents when they are released from immigration detention. These documents can help a lawyer determine a class member’s legal options, including whether they can reopen their immigration case to try to cancel the deportation order.
If they do not have copies of these documents, the informational notice will provide information on how a Group 2 class member can request their full immigration file.
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 this proposed settlement?
Yes, that will change. The one-time notice required by the proposed settlement will replace the two-week pre-detention notice currently required for class members who have followed their orders of supervision.
The current two-week notice, however, will stay in place until the proposed settlement is finally approved by the court and ICE has sent the informational notices 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 2025. Until then, if you have an ICE check-in and have not yet received a notice of potential re-detention at least two weeks in advance, 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.
When will the court decide whether to finally approve the proposed settlement?
The deadline for filing objections to the settlement was October 10, 2025. The court was supposed to hold a hearing on November 25, 2025 to determine the fairness of the settlement, but it was postponed because of the federal government shutdown. The hearing has now been rescheduled to April 17, 2026 at 9 a.m. before the Honorable John W. Holcomb, United States District Court Judge in Courtroom 9D of the Ronald Reagan Federal Building and United States Courthouse, 411 West Fourth Street, Santa Ana, California 92701.
At the final approval hearing, the court can approve or deny the settlement. Class members may appear at the hearing themselves or through an attorney. If you want to appear through your own attorney, you must hire and pay for that attorney, and your attorney will need to file a notice of intent to appear with the court.
If the settlement is approved by the court, ICE will be required to fulfill the terms of the settlement within 6 months.
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. The lawyers below have been appointed class counsel to represent the class members.
Asian Law Caucus: Chhoeun Class Counsel, 55 Columbus Avenue, San Francisco, CA 94111; (415) 808-5256
Sidley Austin LLP
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) 808-5256
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 v. Giles 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 v. Giles. 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.
CALIFORNIA
Asian Law Caucus (ALC)
- Focus: Motions to reopen assessments 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 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.
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.
Summary of Key Dates and Documents
Key Dates for Proposed Settlement
- Preliminary approval granted by federal judge: July 9, 2025
- Deadline to object to proposed settlement: October 10, 2025
- Fairness hearing, when the court will decide whether to give final approval to the settlement: April 17, 2026
Key Documents for Chhoeun v. Giles Proposed Settlement