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Judge Tells Federal Government: You Can’t Have Cake, Eat It Too
By Sharon Simonson
A U.S. magistrate judge has warned the U.S. departments of Justice and Homeland Security that he would recommend dismissal of criminal charges against Chinese Professor Hao Zhang if federal immigration authorities sought to detain Zhang again in relation to alleged visa violations.
U.S. Magistrate Judge Nathanael Cousins said the federal government could pursue immigration charges at a later time. But, relying on a July 23 ruling by the U.S. Ninth Circuit Court of Appeals, Cousins said that during Zhang’s preparations for trial for conspiracy, trade-secret theft and spying to benefit the Chinese government, immigration authorities could not detain him with a stated goal of deportation even as the U.S. Justice Department proceeded toward trial.
“If the go...