In 2015, filled with dreams of the future and a thirst for knowledge, Lunxiu Chen arrived in the United States with a student visa from distant China, crossing the Pacific Ocean to set foot on American soil. Choosing the sunny city of Southern California, he entered the campus of the University of California, Irvine. For an international student, the initial days are always accompanied by novelty and challenges: unfamiliar professional terms, cultural differences between East and West, and the constant monitoring of the expiration date on the student visa.
In most people’s imaginations, the life of an international student typically involves graduating, finding a job, obtaining a green card, and seamlessly integrating into the local community. But life is often full of twists and turns.
From 2015 to 2023, nearly eight years passed quietly on the other side of the ocean. During these eight years, Lunxiu Chen integrated into the local community, started his own business, had a permanent address, and had no criminal record. To outsiders, he was an entrepreneur who thrived in America, relying on his own hard work. But to him, the suspended status and uncertainty that came with it were perhaps only clear to himself in the quiet of the night.
According to the court documents, on July 14, 2023, Chen Lunxiu submitted an asylum application to the United States Citizenship and Immigration Services (USCIS). Why did it take so long for him to submit an asylum application after staying in the United States for so many years? What kind of emotional journey did he go through during this time, and what experiences did he encounter in his homeland, the court documents do not specify. Let’s take a look at his story.
After submitting the asylum application, days passed in the lengthy adjudication process. This waiting period lasted for several more years.
It wasn’t until July 9, 2026, when a notification from the immigration department shattered the calm. The notification requested him to attend an interview on September 24 of the same year.
For anyone in the United States waiting for legal status regularization, a “interview notice” is both a glimmer of hope and a significant psychological test. On the morning of September 24, 2026, as he arrived at the interview location on time, instead of an interviewer, law enforcement officers took him away and detained him in an ICE detention center.
The legal basis for the arrest and detention of refugees or asylum applicants by U.S. Immigration and Customs Enforcement (ICE) is a specific authorization provision of the Immigration and Nationality Act (INA).
For Chen Lunxiu, who entered the United States with a student visa and applied for asylum after overstaying, ICE can arrest and detain him under section 236(a) of the INA. This provision authorizes ICE to arrest and detain the non-citizen during the removal proceedings while awaiting the final decision of the immigration court.
At the same time, after being arrested by ICE and deemed to be detained, Chen Lunxiu has the right to request a bond hearing before an immigration judge and seek conditional release. The judge will assess whether he poses a “flight risk” or “danger to the community.” If ICE does not provide prior notification, conduct a hearing, or present reasonable evidence of the individual violating the law or possibly fleeing, the court may deem the arrest action a violation of the “Due Process” clause of the Fifth Amendment of the U.S. Constitution, and thereby require ICE to release the individual or hold a bond hearing within a specified period.
Federal Magistrate Judge Douglas F. McCormick presided over this case.
In the ruling, the judge pointed out a crucial fact: the government, after years of neglect, suddenly arrested him without evidence of flight risk or social harm and even deprived him of his right to a hearing, a serious violation of procedural due process guaranteed by the Constitution.
On October 14, 2026, the court ordered the immediate release of Lunxiu Chen.