Pham

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 HUNG PHI PHAM, Case No. 23-cv-01288-CRB

Plaintiff,

ORDER GRANTING TEMPORARY

v.

RESTRAINING ORDER

MOISES BECERRA, et al., Defendants.

Seven years after Petitioner Hung Phi Pham (“Pham”) was released from jail following his first (and only) conviction—after he started a family, maintained a steady job, and applied for U.S. citizenship—the government has finally decided to detain and deport him. Respondents argue that, under the federal mandatory detention statute, 8 U.S.C. § 1226(c), the government must detain Pham without a bond hearing until his removal. Pham brings a petition for a writ of habeas corpus and this motion for a temporary restraining order, arguing that due process entitles him to a bond hearing. Because the Court has jurisdiction over Pham’s petition and Pham is likely to succeed on the merits of his due process challenge, the Court GRANTS a temporary restraining order. The government is ordered to provide…