Chinese asylum seeker held 20 months without bond hearing wins habeas relief
Qin Chen, a Chinese national, entered the United States on December 26, 2024, seeking asylum due to persecution in her native country. She was detained by ICE shortly after entry and remained in custody for nearly 20 months without an individualized determination of the need for detention. An asylum officer made a positive credible fear determination, and an Immigration Judge granted her asylum application on May 29, 2025. The Department of Homeland Security appealed the decision to the Board of Immigration Appeals, which remanded the case for further fact-finding on December 17, 2025. The Immigration Judge issued a detailed amended decision granting her asylum again on May 1, 2026. DHS filed another appeal on May 26, 2026, which remained pending. Throughout this period, Chen remained in ICE detention without a bond hearing. She filed a habeas corpus petition challenging her prolonged detention as violating her Fifth Amendment due process rights. The federal district court granted her petition in part, ordering ICE to provide her with an individualized custody review before an immigration judge within 10 days, with the government bearing the burden of proving by clear and convincing evidence that continued detention is necessary.

































