Gov. Bob Ferguson has denied a pardon for Tuan Thanh Phan, a Vietnamese refugee and longtime Washington resident, just as the U.S. Supreme Court cleared the way for deportations to South Sudan—a war-torn country where Phan has never lived and fears for his life.
On Thursday, the court’s conservative majority ruled that federal immigration officials can deport people to third countries without allowing them to contest the removal in court, even if they risk torture or death. The decision allows a previously detoured deportation flight to South Sudan to proceed and rendered lower court orders blocking the transfer “unenforceable.”
Phan, one of eight men on that flight, has been held at a U.S. naval base in Djibouti since May, confined to a converted shipping container. His attorneys say he faces “perilous conditions” and potential indefinite detention if deported to South Sudan.
Ferguson’s office acknowledged those humanitarian concerns in its July 3 letter denying clemency, noting Phan’s detention in Djibouti and the Level 4 State Department travel advisory for South Sudan. Ferguson agreed Phan should be returned to Vietnam—not South Sudan—and said his office had contacted Washington’s congressional delegation to help facilitate that outcome.
Still, Ferguson declined to issue a full and unconditional pardon that would allow Phan to remain in the U.S., citing Phan’s criminal history and record of prison infractions.
Phan completed a 25-year sentence earlier this year for a 2000 shooting in Tacoma that killed one teenager and injured another. The Clemency and Pardons Board had already rejected Phan’s request for a hearing. Without a Board recommendation, Ferguson said he could not act.
“Mr. Phan was convicted of very serious crimes—killing one innocent teenage victim and injuring another when he fired a gun multiple times into a crowded area,” the governor’s letter states. It continued, “While incarcerated, Mr. Phan committed ten infractions that the Department of Corrections designates as “serious,” several of which were violent. These included a serious infraction in 2023 for strongarming/intimidation and a serious infraction in 2018 for possessing drugs with the intent to sell/distribute.”
The letter stated that Ferguson received input from the family of the murder victim, who strongly oppose a pardon.
Advocates, including Phan’s wife Ngoc Phan and lawyer Angélica Cházaro, say Phan has served his sentence, shown remorse, and deserves a second chance.
Ngoc Phan said her husband acted in self-defense in the 2000 incident, after being assaulted.
Screenshot of Ngoc Phan in video appeal to Gov. Bob Ferguson
“He did not act out of evil or malice,” she said in a video plea this week to Ferguson. “A pardon does not take away Tuan’s accountability. But it will save Tuan from being disappeared by this lawless administration.”
The United States is the only country that I know that welcomes criminals from all over the world. Vietnam, Laos, Burma, Cuba, and Mexico do not let anyone with a criminal record into their countries.
It’s insane to think that this clearly mentally ill man who shot into a crowd of innocent people killing an innocent teenage, and who was convicted before in 1999 for bringing a firearm onto a school campus, should just be given a pardon and let loose to terrorize our neighborhoods. His wife married him while he was in jail? Clearly she is a very confused and probably mentally unstable individual to marry someone so unhinged. Why do we Americans even listen to these people and their insane protests. He should be deported, who cares where they send him.
He should get a second chance when the man he killed gets a second chance to live.
“Unfortunately, this resulted in the death of someone.”
How unbelievably callous. That “someone” was an innocent bystander, whose mother has to see this campaign to bring back the MURDERER of her only son each night on the news.
I am Asian, and do not support ICE, but to see how you are distorting the story of what happened that night is utterly revolting.
As a black American woman, I damn sure don’t support ice and how they are going about these deportations I do not support this lawlessness administration who screams accountability except for themselves, but let’s be honest if you come to this country illegally and do not obtain legal citizenship and let’s say you’re on the green card of Visa whatever it is when you commit the act of murder I’m sorry. I’ll take that back when you are convicted of murder There’s no coming back from that. You’re not gonna be allowed to stay in this country after that that is straight up cause for deportation, I’m not even gonna argue with that. You can’t argue with that. This is coming from someone who’s daughter’s father has been locked up in jail for the past 25 for supposedly murdering someone with evidence that was beyond weak that’s not my point the point is this any other country but deport you not a problem is why in the hell to the south Sudan and not to the country that at least is of his race or culture like I don’t understand it that right there is the part this bullshit.. and I can understand his wife’s plea because that is what love and being a human being does. I can also understand how people can feel like how does she have the audacity to ask to spare his life when he didn’t spare one I get both end of this and I am not here to judge, nor will I. I will leave that job to my father in heaven, and I wish that people would stop trying to do my father in heaven job too. It’s pretty annoying. My remark is simply this when you are not a citizen of this country and you commit a heinous crime like that you’re definitely going to be deported and the system is pretty much not trying to hear anything else and honestly, I can’t too much argue with that. I get it because you couldn’t do this and no one the country but once again I’m not here to judge. My problem is where they’re deporting him makes no goddamn sense but look at this whole administration. This is a merit administration get you.! the American people can’t even get a straight answer about anything this administration does this part for the chorus