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Xu Chenxing was detained by ICE for nearly two months while flying into Ontario Airport. The Federal Court believed that the government failed to provide the necessary procedural guarantees before depriving him of his liberty, and ordered his immediate release.
No criminal record,Shelter The application is still being processed and the work permit has been obtained. A Chinese woman from Southern California was preparing to board a flight to Ontario International Airport (ONT).seattle At that time, the Bureau of Immigration and Customs Enforcement (snow )Imprisonment. After nearly two months in detention, the case took a turn: the Federal Court found that the government had violated his due process rights by failing to provide necessary procedural guarantees before detaining him, and ordered his immediate release on 30 October.
According to a ruling by the Federal Court of the Central District of California, Chinese national Chenxing Xu (transliterated) was arrested in a targeted immigration enforcement operation at Ontario International Airport on September 4 as she was preparing to board a flight to Seattle. He has since been detained at the ICE Detention Center in Atlanta (Adelanto). The decision did not explain why law enforcement targeted him during the operation.
Court documents show that Xu Chenxing entered Los Angeles International Airport (LAX) with a B-2 tourist visa on April 18, 2024, and filed an asylum application on August 23 of the same year, which is still pending. He also applied for a work permit in February 2025 and was approved in the same month. The document also states that he has no criminal record.
After being detained, Xu Chenxing filed a habeas corpus application with the Federal Court on September 24, challenging the legality of the detention. Five days later, his bail hearing was held in immigration court, where the immigration judge deemed him a flight risk and refused to grant bail.
Regarding the application for an order of habeas corpus, the government argued that Xu Chenxing has not yet appealed to the Board of Immigration Appeals and must complete the relevant procedures before the application for an order of protection can be considered. And evidence that an immigration judge has already evaluated at a bail hearing should not be reevaluated by a federal court.
However, the Federal Court said that the government’s response failed to address the genuine issues raised by them. What Xu Chenxing challenged was that the authorities did not give him notice and an opportunity for a hearing before depriving him of his liberty, instead asking the federal court whether he should be granted bail.
The court found that the government did not immediately detain him after his visa expired, but instead issued him a work permit while his asylum case was pending. For almost two years, the government knew his whereabouts and still allowed him to remain outside; He had no record of arrest or conviction. Under these circumstances, his detention without a prior hearing or a significant change in circumstances is a violation of due process.
As for post-custody bail hearings, can this overcome past procedural shortcomings? The court said that this cannot happen. Citing several cases, the judgment explained that a post-incident trial occurs after a deprivation of liberty and cannot prevent prior wrongful detention; If the problem can be resolved later by holding an additional hearing, procedural guarantees before detention would be meaningless.
The ruling also said that living in a detention center makes it more difficult for immigrants to find lawyers, obtain evidence and prepare cases. Xu Chenxing said the language barrier affected his ability to understand the reasons for his imprisonment and utilize existing relief procedures. The court therefore held that requiring him to continue awaiting the administrative appeal would not adequately address the issues of procedural violation in this case.
The court ultimately granted the application for a writ of habeas corpus, ordering the government to immediately release Xu Chenxing under the conditions before his detention, return all property taken when he was arrested and detained, and report the implementation status to the court within three days of his release.
Summary FAQ
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She was detained in a targeted immigration enforcement operation at Ontario International Airport on September 4 as she was preparing to board a domestic flight to Seattle, and was later transferred to the Adelanto ICE Detention Center.
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The court noted that the government did not give him notice and an opportunity of hearing before detaining him, and that he was not detained for long after his visa expired, and that the government also knew where he was. Therefore, direct detention violated due process.
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The court granted the writ of habeas corpus, requiring the government to immediately release him under the conditions prior to his detention, return his confiscated property, and report to the court the status of implementation within three days of his release.
