Excerpt from court documents from JoJo's lawyer, Sung-Young Chi, from the Rocky Mountain Immigrant Advocacy Network in Denver on May 3, 2004:

Mr. Dung Tran first came to the United States on March 9, 1996 with a tourist visa. In 1997, Mr. Tran applied for asylum and was referred to the Immigration Court. However, because of an error on Mr. Tran's Notice to Appear, his case was terminated. Understanding that his asylum case remained pending, Mr. Tran began to build a live in Seattle, Washington, finding employment and becoming involved in numerous volunteer activities.

Mr. Tran was informed on March 26, 2004 that his close friend had passed away in North Carolina. He wished to attend the funeral of his friend, a survivor of the "killing fields" of Cambodia, so Mr. Tran left for North Carolina as soon as possible. On March 28, he bought a one-way ticket to North Carolina, not having sufficient funds to buy a round trip ticket.

When the train stopped in Havre, Montana, Mr. Tran left the train to call his friends in North Carolina. He wished to inform them he would arrive late in the evening and would appreciate someone meeting him at the station. Before he was able to place his call though, he saw that the train was preparing to leave the station, so he attempted to board the train.

However, a state patrol officer stopped Mr. Tran and asked him if he was a United States citizen. Mr. Tran replied, "Not yet." The officer asked to see Mr. Tran's identity documents, which included a driver's license and credit cards. The officers stated that the documents were insufficient and placed a call to Border Patrol.

When the Border Patrol officers arrived, Mr. Tran asked for an opportunity to call his attorney in Seattle, Washington, Mr. Robert Pauw. The officers refused and took Mr. Tran into custody. From March 29 until April 7, 2004, Mr. Tran was held at the detention facility in Havre. During that time, he made numerous requests to call his attorney, but was denied each time.

Early in the morning on April 7, 2004, Mr. Tran was transferred to a detention facility in Idaho. The next day, officers placed shackles on Mr. Tran's wrists and ankles and he was put on a plane to Denver, Colorado. Mr. Tran was admitted to the GEO-ICE facility in Aurora, Colorado on April 8, 2004.

Further Notes:

According to a brief filed by JoJo's lawyer, Robert Pauw, in Seattle, JoJo's application for Asylum and Withholding of Removal, made on November 3, 1997, "remained pending until April 12, 2004, when the Department of Homeland Security (DHS) placed Mr. Tran in proceedings by filing a Notice to Appear." This notice occured two weeks after JoJo's arrest and while he was incarcerated (by then at GEO-ICE in Colorado).

JoJo was released from detention on April 30, 2004 and returned to Seattle.