Recently, a large number of immigrants have been detained when reporting to or encountering inspections by the Immigration and Customs Enforcement (ICE), causing widespread panic. The Zhu Wei Law Firm in Flushing, New York, has recently helped Chinese immigrants living in the United States for several months with no criminal records to apply for a “writ of habeas corpus” in federal court, leading to their quick release within three days. The federal court ruled that ICE’s use of expedited removal procedures lacked legal basis.
According to court documents, a Chinese immigrant named Shuo Wang entered the United States in August 2023 with no criminal record. In December 2025, when he reported to ICE, he was detained as an “Arriving Alien.” On December 22, Lawyer Guofeng Li from the Zhu Wei Law Firm filed an application for an “emergency writ of habeas corpus” on behalf of Wang at the Eastern District Federal Court in New York. The federal judge ultimately ruled that ICE’s actions violated due process and ordered the immediate release of Wang. He was released on December 25, just two to three days after the filing. On December 29, the court ordered that he not be detained or transferred again.
Lawyer Zhu Wei, involved in the case, stated, “Many people mistakenly believe that as long as they entered illegally, they have no legal rights. In reality, as long as there are no criminal records, the government cannot arbitrarily detain or expedite removal.”
Lawyer Li Guofeng, in an interview, stated that according to the court’s ruling, ICE claimed that Wang still belonged to the category of “Arriving Aliens” and could be subject to expedited removal procedures. However, this viewpoint was rejected by the court. The federal court clarified that long-term residents already in the United States are entitled to due process under the law, and ICE cannot indefinitely detain them or use expedited removal. The federal court has confirmed in multiple similar cases that expedited removal applies only to recent arrivals and not to immigrants who have been living in the United States for months or longer. If the government continues to detain individuals based on this reason, it would violate their due process rights. Hence, the federal court ordered the prevention of removal, transfer to other states, and the prompt release of the individuals.
Li Guofeng emphasized that the core function of the writ of habeas corpus is to request the court to review the legality of detention, prevent secret transfers of individuals, and seek the opportunity to continue handling immigration cases within the United States. Time is crucial.
Li Guofeng said that several cases have shown that results can be obtained within about a week, with some cases receiving temporary stays of removal within 48 hours of submission. The key to success lies in timely filing for relief, submitting a writ of habeas corpus immediately after being detained. The federal court typically intervenes swiftly and demands that ICE not transfer individuals to other states. If transferred to states like Louisiana or Texas, the handling of the case will become more complex, with increased difficulty and lawyer costs, making time a lifeline.
The Zhu Wei Law Firm advised undocumented immigrants: first, do not panic – being detained by ICE does not automatically mean immediate removal, as there are legal remedies in many cases. Second, designate an emergency contact in advance. In case of loss of contact, this person can contact a lawyer on your behalf. The sooner the federal court procedures are initiated, the higher the chances of success. Third, avoid being transferred and strive for the federal court in New York to retain jurisdiction. Once transferred to another state, the processing speed and costs will be significantly impacted.
Li Guofeng noted that the writ of habeas corpus differs from bail or parole, as it does not require a guarantor or high bond. It is a constitutional remedy directly aimed at illegal detention. In the current climate of stricter immigration enforcement, this is a crucial legal avenue for many detained immigrants to gain quick release.