Newsom pardoned a man convicted of 10 counts of attempted murder
The pardon shields Phaymany from ICE deportation
Phaymany was involved in a gang-related drive-by shooting in 1996
DHS criticized the pardon as 'absolute insanity'
Newsom has a history of using pardons to block deportations
📖 Full Retelling
California Gov. Gavin Newsom issued a pardon Friday to Somboon Phaymany, erasing his 1997 conviction on 10 counts of premeditated attempted murder and effectively shielding him from being deported by U.S. Immigration and Customs Enforcement. Mr. Phaymany, a Cambodian citizen, was involved in a gang-related drive-by shooting as a 19-year-old, earning him a lengthy criminal record. That conviction stripped him of his green card and made him eligible for deportation, which ICE was trying to do in early 2020 when the coronavirus struck and a judge granted him a pandemic release. Now Mr. Newsom, a Democrat, said he believes Mr. Phaymany has rehabilitated and granted him a pardon, erasing the conviction. Homeland Security said that erases the justification for ICE to deport him.
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Deep Analysis
Why It Matters
The pardon removes the legal basis for ICE to deport Somboon Phaymany, a convicted attempted murderer, highlighting the power of state clemency over federal immigration enforcement. It raises questions about the limits of gubernatorial pardons and the balance between public safety and individual rights.
Context & Background
California governor Gavin Newsom has used pardons to block deportations
Somboon Phaymany was convicted of 10 counts of attempted murder in 1997
ICE had sought to deport him after he lost his green card
The pardon erases the conviction and removes the deportation basis
The case illustrates tensions between state clemency and federal immigration enforcement
What Happens Next
Federal authorities may review the pardon’s impact on ICE procedures and could seek legal clarification. The decision may prompt other states to consider similar clemency actions, potentially influencing national immigration policy debates.
Frequently Asked Questions
What is a pardon and how does it affect deportation?
A pardon forgives a crime and can erase the conviction, removing the legal grounds for deportation if the offense was a qualifying offense.
Why did Newsom issue this pardon?
Newsom stated the individual had reformed and demonstrated an upright life, using standard language in many pardons.
What are the implications for ICE?
The pardon eliminates the justification ICE had for removal, potentially limiting its enforcement in similar cases.
Could this set a precedent for other states?
It may encourage other governors to use pardons to shield individuals from deportation, raising questions about the consistency of immigration enforcement.
Original Source
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