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

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 PETITION

v.

FOR WRIT OF HABEAS CORPUS

MOISES BECERRA, et al., Defendants.

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

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