Phong Lam v. United States

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PHONG LAM, No. 19-16243 Plaintiff-Appellant, D.C. No. v. 3:18-cv-00936-LB UNITED STATES OF AMERICA, Defendant-Appellee. OPINION Appeal from the United States District Court for the Northern District of California Laurel D. Beeler, Magistrate Judge, Presiding Argued and Submitted June 8, 2020 San Francisco, California Filed October 28, 2020 Before: Milan D. Smith, Jr. and Andrew D. Hurwitz, Circuit Judges, and C. Ashley Royal, * District Judge. Opinion by Judge Royal; Concurrence by Judge Royal; Dissent by Judge Hurwitz * The…