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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48539

Judge Hellerstein

PETITIONER PETITIONED for habeas corpus to order her returned to the U.S., complaining that the Bureau of Immigration and Customs Enforcement (ICE) removed her from the U.S. in less than 72 hours from the time she was arrested, contrary to applicable Regulations and in violation of a court order, and that she will be prejudiced in seeking relief from ICE unless she is returned to the U.S. The court granted the petition and ordered the Chinese immigrant to be returned to the U.S. The court concluded that immigration officials illegally deported petitioner, who had sought asylum eight years ago based on a claim that Chinese officials will retaliate against her for aiding a woman who was about to have a forced abortion under the government’s one-child policy. The court ruled that petitioner was denied due process because she was told to appear for a hearing on her removal but was then arrested, taken to an airport and flown back to China.

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