
Federal Judge Paul Magnuson has rejected the detention appeal of a Cambodian national being held for removal from the United States, ultimately stating that the prisoner failed to prove that officials didn’t follow their own regulations.
Pov Beng, 52, entered the U.S. as a refugee in 1983, and in 1988 adjusted his status to lawful permanent resident.
In the intervening years, Beng became a repeat offender, according to court records and the judgement filed in federal court earlier this month rejecting Beng’s petition for writ of habeas corpus.
The court filing states that Beng has four convictions for disorderly conduct, three trespassing convictions, two convictions for driving after his license was suspended, two convictions on gross misdemeanor assault in the fifth degree, and two convictions of second-degree assault involving a dangerous weapon.
Additionally, Beng was convicted on resisting or obstructing an officer, not having a driver’s license in his possession, fifth-degree assault, driving without a license, giving false information to a law enforcement officer, misdemeanor domestic assault, felony assault, a felony for violating an order of protection, and a gross misdemeanor for violating an order of protection, as well as traffic offenses.
In April 2013, an immigration judge issued Beng a final order of removal, and ICE issued a warrant of removal for Beng based on his criminal convictions.
Beng does not dispute that he has an active order for removal from the U.S. However, for reasons not detailed in court documents, authorities were not able to effectuate Beng’s removal, and he was released on an order of supervision.
Court documents state that Beng failed to comply with the conditions of supervision and continued to accumulate more criminal convictions.
In June 2025, Beng was arrested by the Scott County Sheriff’s Office for felony fifth-degree assault for inflicting or attempting to inflict bodily harm. A bench warrant was subsequently issued when Beng failed to appear in court. Beng was finally arrested on the warrant in June 2026, and ICE lodged an immigration detainer and warrant for removal. Beng was taken into custody by ICE and he was served with a notice revoking his conditional release.
Beng filed the petition in July challenging his detainment on the alleged grounds that authorities failed to follow regulations and committed procedural errors when revoking his release and detaining him. He also alleged that his arrest violated the Fourth Amendment.
Judge Magnuson issued an order on Aug. 11 rejecting Beng’s claims, stating that Beng’s arguments were without merit and his arrest and detainment by ICE were lawful.
“Petitioner fails to demonstrate that any agency failed to follow its regulations, much less that he is entitled to release as a result,” Magnuson wrote. “The Court concludes that Petitioner is not entitled to the relief he seeks, and thus denies his Petition.”
Magnuson was nominated to the bench in September 1981 by President Ronald Reagan and confirmed by the Senate a month later.
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