Chinese national arrested by ICE at USCIS biometrics appointment loses bid for release
Aug 24, 2026·Location: Adelanto, CA
Country of origin: China
A Chinese national entered the United States on a B-2 visitor visa in February 2026, authorized to stay until August 6, 2026. His spouse filed an asylum application in late July 2026 naming him as a derivative beneficiary. On August 24, 2026, after his visa had expired, he appeared with his spouse and children at a USCIS-directed biometrics appointment, where ICE officers arrested him. DHS issued a Notice to Appear alleging removability and detained him under 8 U.S.C. § 1226(a) at the Adelanto ICE Processing Center, where he remained held for about three weeks with no bond hearing yet held. He filed a habeas corpus petition and a motion for a temporary restraining order arguing his detention without a prompt neutral hearing violated due process and seeking immediate release. The court denied the habeas petition, finding he had not shown a due process violation because this was his first ICE detention and he had not yet sought or been denied a bond hearing, and denied the TRO motion as moot.
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