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Oakland City Council
July 26, 2022

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July 26, 2022
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C I T Y H A L L• 1 F R A N K H . O G A W AP L A Z A • O A K L A N D • C A LI F O R N IA • 9 4 6 1 2 LIBBY SCHAAF NIKKI FORTUNATO BASMayor Councilmember – District 2 July 21, 2022
Office of the GovernorState CapitolAttn: Legal Affairs/ClemencySacramento, CA 95814 Re: Letter in Support of a Pardon for Mr. Phoeun You #A-023884337 / CDCR#K30232 Dear Governor Newsom:

We are writing to follow-up on our April 2022 letter in support of a pardon for Mr. Phoeun You, whois currently detained at Mesa Verde immigration detention and is facing deportation to the country ofCambodia. Werespectfully request that you grant clemencyto Mr. You.

As Oakland’s Mayor and District 2 Representative / Oakland City Council President, we are proud tosupport and service District 2, Oakland’s most diverse district and home to the city’s greatest share ofAsian American Pacific Islander residents, as well as several anchor cultural and wellnessorganizations serving immigrants and refugees.

Mr. You is a Cambodian refugee, who has only known the United States to be his home. Born in1975 in Cambodia, Mr. You was the second youngest of ten siblings. In 1978, when Mr. You was 4years old, Mr. You’s family escaped the genocide and found safety at a refugee camp in Thailand. At5 years old Mr. You and his family resettled in the U.S. and like many Southeast Asian refugees, Mr.You and his family lived in poverty, and without adequate mental health and financial resources, theystruggled to live in the United States. Growing up in Long Beach. Mr. You and Asian youth like himwere often bullied at school. For a sense of belonging and protection, Mr. You joined a gang at 13.Mr. You’s home life was also challenging. Mr. You lived in a 15 person household and constantlyfaced housing and food insecurity. Multiple times, his family was forced to move out from one hometo another due to the high cost of living. He began abusing drugs and alcohol. One day in 1995, Mr.You stood outside of his nephew’s school waiting to pick him up. A car rushed towards him andabout 6 rival gang members came out throwing punches at Mr. You, his nephew, and nephew’sfriend. Wanting to protect his nephew, he made a promise to seek accountability in the only way heknew -- retaliation. Mr. You and his nephew searched for the rival gang members to confront them.

C I T Y H A L L• 1 F R A N K H . O G A W AP L A Z A • O A K L A N D • C A LI F O R N IA • 9 4 6 1 2 LIBBY SCHAAF NIKKI FORTUNATO BASMayor Councilmember – District 2 Mr. You opened fire into a crowd that tragically resulted in a death. At the age of 20, Mr. You wasarrested and convicted of 1st-degree murder by a jury trial, and sentenced to 35 years to life.

For the next 26 years, Mr. You would undergo a deep transformation, accountability, and healing.While incarcerated, Mr. You experienced the death of his sister who was murdered by her boyfriend.This sent Mr. You into a deep despair. In 2007, Mr. You was transferred to San Quentin State Prison,where he decided to channel his grief into his healing and growth. He worked as a layout designerand writer forSan Quentin Newsand joined the Societyof Professional Journalists. Being ajournalist was enriching to Mr. You. It provided him with the ability to contextualize his experiencewith systemic racism while holding himself accountable to choices he’s made. Mr. You became afounding member of ROOTS (Restoring Our Original True Selves), a self-help program thatconnects prisoners to their history and culture through education and restorative justice programs. Hebecame an alumnus with the Last Mile, an entrepreneurship program that combines technology andbusiness. Mr. You became certified as a counselor by BAWAR, (Bay Area Women Against Rape),and in Sheet Metal Certification Shop. Mr. You graduated from VOEG (Victim Offender EducationProgram), a victim awareness program that focuses on unpacking trauma both from the offender andvictim’s perspectives, the ARC (Addiction Recovery Counseling) program, NVC (Non-ViolentCommunications) curriculum, Peer Health Education by Centerforce, and in 2015, Mr. Yougraduated with an AA degree from Patten University.

In August of 2021, Mr. You qualified for a parole hearing because he was criminalized andincarcerated at a young age, and was recommended for early release by the Board of Parole Hearingsin recognition of his commitment to service, mentorship, and rehabilitation. However, because Mr.You is not a US citizen, on January 1, 2022, Mr. You was transferred to ICE on his release date. Mr.You is currently detained at the Golden State Annex ICE facility and at any moment ICE can deportMr. You to Cambodia.

Mr. You is a son, brother, uncle, friend, and valued leader in the community. Our communities inCalifornia have so much to gain from Mr. You’s wisdom and courageous empathy and leadership. Iurge you to see Mr. You’s humanity and to recognize the incredibly long but critical process heendured and the hardships he will face if deported. I urge you to grant Mr. You a pardon so that hecan continue his reentry plans. I urge you to keepMr. You home, in the United States, with hisfamily and loving community.

C I T Y H A L L• 1 F R A N K H . O G A W AP L A Z A • O A K L A N D • C A LI F O R N IA • 9 4 6 1 2 LIBBY SCHAAF NIKKI FORTUNATO BASMayor Councilmember – District 2 Please do not hesitate to contact our staff with any questions about this letter: Tiffany Kang, PolicyAnalyst & Community Partnerships Manager for Councilmember Nikki Fortunato Bas [email protected] Shereda Nosakhare, Chief ofStaff for Mayor Libby Schaaf [email protected].

Thank you for your consideration in our request to pardon Mr. Phoeun You.

Sincerely,
_________________________Council President Nikki Fortunato Bas ________________________Mayor Libby Schaaf

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