Curry

SIEU PHONG NGO v. Curry

Good Law
745 F. Supp. 2d 1031·2010 WL 3835621·2010 U.S. Dist. LEXIS 108841
United States District Court, Northern District of CaliforniaSeptember 28, 2010C 08-0620 RMW (PR)California3,781 words

Opinion

Opinion

Whyte, J.

ORDER GRANTING WRIT OF HABEAS CORPUS

Petitioner, a state prisoner proceeding pro se, sought a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging a 2006 decision by the California Board of Parole Hearings (“Board”) finding him unsuitable for parole. Respondent was ordered to show cause why the writ should not be granted. Respondent has filed an answer, along with a supporting memorandum of points and authorities and exhibits. Petitioner has responded with a traverse. For the reasons set forth below, the petition for a writ of habeas corpus is GRANTED.

BACKGROUND

On September 18, 1992, the victim, a member of the Fullerton Tokers Town gang, and a member of the Fullerton Boyz gang, confronted each other claiming their respective gang affiliations. (Tr. at 6.) Later in the day, the Fullerton Boyz, including petitioner, waited for the 15-year old victim at Fullerton High School. (Id.) As the victim was walking home, petitioner and his friends attacked and beat him. (Id.) As they were beating him, Usumang Muhamed, part of petitioner’s group, shot and killed the victim. (Id.) Petitioner and the rest of the group fled the area. (Id.) Petitioner, Jimmy Dao, and Asat Cham…

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