Pham v. Becerra et al
Petitioner: Hung Phi Pham
Respondent: Moises Becerra, Tae D. Johnson, Alejandro Mayorkas and Merrick Garland
Case Number: 3:2023cv01288
Filed: March 20, 2023
Court: US District Court for the Northern District of California
Presiding Judge: Charles R Breyer
Referring Judge: Haywood S Gilliam
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 14, 2023 Opinion or Order Filing 24 TRANSCRIPT ORDER for proceedings held on 3/30/23 before Judge Charles R. Breyer by Moises Becerra, Merrick Garland, Tae D. Johnson, Alejandro Mayorkas, for Court Reporter Pam Batalo-Hebel. (Iyengar, Savith) (Filed on 4/14/2023)
April 6, 2023 Opinion or Order Filing 23 STIPULATION AND ORDER by Judge Charles R. Breyer: Granting #22 Stipulation. The briefing deadlines and hearing for the preliminary injunction set in the Order Granting Temporary Restraining Order (ECF No. 20 [Order] at 15) are vacated. Respondents shall file a return addressing the merits of the habeas petition (ECF No. 1) no later than June 16, 2023. Petitioner shall file a traverse no later than July 28, 2023. Motion hearing date to be determined by the Court. (ls, COURT STAFF) (Filed on 4/6/2023)
April 5, 2023 Opinion or Order Filing 22 STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule filed by Moises Becerra, Merrick Garland, Tae D. Johnson, Alejandro Mayorkas. (Iyengar, Savith) (Filed on 4/5/2023)
April 4, 2023 Opinion or Order Filing 21 Transcript of Proceedings held on 03/30/2023, before Judge Beyer. Court Reporter Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #18 Transcript Order ) Redaction Request due 4/25/2023. Redacted Transcript Deadline set for 5/5/2023. Release of Transcript Restriction set for 7/3/2023. (Related documents(s) #18 ) (Batalo, Pam) (Filed on 4/4/2023)
March 31, 2023 Opinion or Order Filing 20 ORDER by Judge Charles R. Breyer granting #4 Motion for Temporary Restraining Order. Preliminary Injunction Hearing set for 4/21/2023 10:00 AM. Responses due by 4/7/2023. Replies due by 4/14/2023. (crblc2, COURT STAFF) (Filed on 3/31/2023)
March 30, 2023 Opinion or Order Filing 19 ***PLEASE DISREGARD. HEARING REPORTED BY REPORTER. AUDIO NOT AVAILABLE.AUDIO RECORDINGS ORDER (requesting docket(s): 17 ), by Moises Becerra, Merrick Garland, Tae D. Johnson, Alejandro Mayorkas. Court will send to Savith Iyengar at savith.iyengar@usdoj.gov a link to the files requested in this order. Fee waived because filer is USAO, FPD or CJA counsel on this case. (Iyengar, Savith) (Filed on 3/30/2023) Modified on 4/4/2023 (knm, COURT STAFF).
March 30, 2023 Opinion or Order Filing 18 TRANSCRIPT ORDER for proceedings held on 03/30/2023 before Judge Charles R. Breyer by Hung Phi Pham, for Court Reporter Pam Batalo-Hebel. (Zhao, Jingni) (Filed on 3/30/2023)
March 30, 2023 Opinion or Order Filing 17 Minute Entry for proceedings held before Judge Charles R. Breyer: Motion Hearing held by Zoom on 3/30/2023 - re #4 MOTION for Temporary Restraining Order filed by Hung Phi Pham. Motion was taken under submission. The Court will issue an order. (Total Time in Court: 19 Minutes) Court Reporter: Pamela Hebel. Plaintiff Attorney: Judah Lakin, Aseem Mehta. Defendant Attorney: Savith Iyengar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ec, COURT STAFF) (Date Filed: 3/30/2023)
March 28, 2023 Opinion or Order Filing 16 REPLY (re #4 MOTION for Temporary Restraining Order ) filed byHung Phi Pham. (Zhao, Jingni) (Filed on 3/28/2023)
March 24, 2023 Opinion or Order Filing 15 OPPOSITION/RESPONSE (re #4 MOTION for Temporary Restraining Order ) filed byMoises Becerra, Merrick Garland, Tae D. Johnson, Alejandro Mayorkas. (Attachments: #1 Declaration of Deportation Officer Joseph Palakiko (Exhibits A-I), #2 Declaration of Acting Assistant Field Office Director Nancy Gonzalez)(Iyengar, Savith) (Filed on 3/24/2023)
March 21, 2023 Opinion or Order Filing 14 CERTIFICATE OF SERVICE by Hung Phi Pham (Zhao, Jingni) (Filed on 3/21/2023)
March 21, 2023 Opinion or Order Filing 13 NOTICE of Appearance by Aseem Mehta on behalf of Hung Phi Pham (Mehta, Aseem) (Filed on 3/21/2023)
March 21, 2023 Opinion or Order Filing 12 NOTICE of Appearance by Amalia Margarete Wille (Wille, Amalia) (Filed on 3/21/2023)
March 21, 2023 Opinion or Order Filing 11 STIPULATION AND ORDER SETTING BRIEFING SCHEDULE FOR MOTION FOR PRELIMINARY INJUNCTION by Judge Charles R. Breyer: Granting #10 Stipulation. Motion Hearing set for 3/30/2023 at 9:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. Respondents will file their opposition of no more than 25 pages to Petitioners Motion for Temporary Restraining Order on or before March 24, 2023 at noon; Petitioner will file his reply of no more than 15 pages on or before March 28, 2023.(ls, COURT STAFF) (Filed on 3/21/2023)
March 21, 2023 Opinion or Order Filing 10 STIPULATION WITH PROPOSED ORDER Setting Briefing Schedule filed by Moises Becerra, Merrick Garland, Tae D. Johnson, Alejandro Mayorkas. (Iyengar, Savith) (Filed on 3/21/2023)
March 21, 2023 Opinion or Order Filing 9 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Judge Haywood S Gilliam, Jr. no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.Signed by The Clerk on 03/21/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(jrs, COURT STAFF) (Filed on 3/21/2023)
March 21, 2023 Opinion or Order Filing 8 ORDER OF RECUSAL. Signed by Judge Haywood S. Gilliam, Jr. on 3/21/2023. (ndr, COURT STAFF) (Filed on 3/21/2023)
March 21, 2023 Opinion or Order Set/Reset Hearing. Motion Hearing set for 3/30/2023 at 9:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than March 28, 2023 at 3:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 3/30/2023 09:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 3/21/2023)
March 20, 2023 Opinion or Order Filing 7 Summons Issued as to Moises Becerra, Merrick Garland, Tae D. Johnson, Alejandro Mayorkas, U.S. Attorney and U.S. Attorney General (hdj, COURT STAFF) (Filed on 3/20/2023)
March 20, 2023 Opinion or Order Filing 6 Case assigned to Judge Haywood S Gilliam, Jr. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (ark, COURT STAFF) (Filed on 3/20/2023)
March 20, 2023 Opinion or Order Filing 5 NOTICE of Appearance by Judah Ben Lakin on behalf of Hung Phi Pham (Lakin, Judah) (Filed on 3/20/2023)
March 20, 2023 Opinion or Order Filing 4 MOTION for Temporary Restraining Order filed by Hung Phi Pham. (Attachments: #1 Proposed Order)(Zhao, Jingni) (Filed on 3/20/2023)
March 20, 2023 Opinion or Order Filing 3 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Hung Phi Pham.. (Zhao, Jingni) (Filed on 3/20/2023)
March 20, 2023 Opinion or Order Filing 2 Proposed Summons. (Zhao, Jingni) (Filed on 3/20/2023)
March 20, 2023 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief ( Filing fee $ 5.00 receipt number ACANDC-18089578.). Filed byHung Phi Pham. (Attachments: #1 Declaration of Hung Phi Pham, #2 Declaration of Han Nguyen Khanh Duong, #3 Declaration of Haitham Ballout, #4 Declaration of Amalia Wille with Exhibits, #5 Civil Cover Sheet)(Zhao, Jingni) (Filed on 3/20/2023)

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Petitioner: Hung Phi Pham
Represented By: Judah Ben Lakin
Represented By: Jingni (Jenny) Zhao
Represented By: Amalia Margarete Wille
Represented By: Aseem Mehta
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Respondent: Moises Becerra
Represented By: Savith Iyengar
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Respondent: Tae D. Johnson
Represented By: Savith Iyengar
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Respondent: Alejandro Mayorkas
Represented By: Savith Iyengar
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Respondent: Merrick Garland
Represented By: Savith Iyengar
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