Pham

Pham v. Becerra

Good Law
United States District Court, Northern District of CaliforniaFebruary 15, 20243:23-cv-01288California5,239 words

Opinion

trial_court Opinion

1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 HUNG PHI PHAM, Case No. 23-cv-01288-CRB

9 Plaintiff,

ORDER GRANTING PETITION

10 v.

FOR WRIT OF HABEAS CORPUS

11 MOISES BECERRA, et al., 12 Defendants.

13 In March 2023, Petitioner Hung Phi Pham (Pham), was detained at Golden State 14 Annex pending removal proceedings pursuant to 8 U.S.C. § 1226(c), a federal mandatory 15 detention statute for aggravated felony convictions. The Government refused to provide 16 Pham with a bond hearing, so Pham filed a petition for writ of habeas corpus and a motion 17 for a temporary restraining order, arguing that due process entitled him to a bond hearing. 18 See Pet. (dkt. 1). This Court granted a temporary restraining order (TRO) enjoining the 19 Department of Homeland Security and Respondents from continuing to detain Pham 20 without a bond hearing. Order Granting TRO (dkt. 20). Thereafter, an Immigration Judge 21 (IJ) ordered Pham to be released on a minimum bond of $1500. See Stipulation (dkt. 23). 22 Following Pham’s…

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