Chinese national challenges prolonged immigration detention without bond hearing
Apr 7, 2026
Country of origin: China
A Chinese national filed a petition for writ of habeas corpus challenging his prolonged immigration detention without a bond hearing, arguing it violated due process rights. The government conceded that he was entitled to a bond hearing and agreed to bear the burden of proving by clear and convincing evidence that he poses a danger to the community or risk of flight. On March 26, 2026, the federal court granted his petition and ordered respondents to arrange a bond hearing before an immigration court within seven days. The court declined to order his immediate release or issue further declaratory or injunctive relief. He must pursue any request for attorneys' fees through a separate noticed motion.
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