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Court Orders Immediate Release Of Chinese National In Maine Detained By ICE After 911 Call

Judge's Gavel Court
Judge’s Gavel. TFP File Photo

A federal judge in Maine has ordered the immediate release of Chaoyi Wu, a Chinese national who was taken into custody by U.S. Border Patrol after calling 911 to report a suicide attempt.

U.S. District Judge Stacey D. Neumann granted Wu’s petition for a writ of habeas corpus on Wednesday, ruling that his detention violated the Due Process Clause of the Fifth Amendment. The court ordered that Wu be released from the Fort Fairfield Station by 10 p.m. on March 4, 2026.

Background of the Case

Wu entered the United States near Hidalgo, Texas, in November 2021 and was paroled into the country for humanitarian reasons related to the Covid-19 pandemic. Although his parole technically expired in November 2022, the government took no action to re-detain him for over three years. During that time, Wu married a U.S. citizen and filed an asylum claim that is still pending.

The incident leading to his arrest occurred on February 18, 2026, in South Paris, Maine. Wu was part of a group that summoned emergency services to help a person attempting suicide. When local police arrived, they requested Wu’s identification and subsequently contacted Border Patrol.

Federal agents took Wu into custody, labeling him a “flight risk” because they claimed he failed to update his address. However, the court noted this assessment relied on a statement Wu allegedly made without the help of a translator, despite his limited English proficiency.

The Court’s Ruling

The government argued that because Wu’s parole had expired, he was subject to mandatory detention as an “applicant for admission” under 8 U.S.C. § 1225(b). Judge Neumann rejected this, stating that Wu’s years of law-abiding life in the U.S. changed his legal standing.

“By being paroled into the interior of the country, Mr. Wu was transformed from an individual ‘seeking admission’ into an individual residing in this country,” the judge wrote.

The court applied the Mathews v. Eldridge balancing test to determine if Wu’s constitutional rights were violated. This test weighs the individual’s liberty against the government’s interest and the risk of a mistake.


The Mathews v. Eldridge Factors

FactorCourt’s Finding
Private InterestWu has a fundamental right to be free from physical restraint.
Risk of ErrorHigh; the arrest relied on a contested police report without a translator.
Government InterestMinimal; Wu has no criminal record and deep community ties.

Chilling Effect on Public Safety

The ruling also addressed the broader implications of detaining individuals at the scene of emergencies. Judge Neumann noted that re-detaining a “Good Samaritan” risks a “chilling effect” that could discourage others from seeking life-saving medical aid.

“The decision to re-detain a noncitizen at the scene of an emergency call risks a ‘chilling effect’ that discourages others from seeking life-saving aid,” the order stated. “This outcome is fundamentally at odds with the public interest.”

The court’s order prohibits the government from re-detaining Wu unless there is a clear change in circumstances and he is given a chance to be heard. While the ruling secures Wu’s release, it does not prevent the government from continuing legal efforts regarding his removal through standard legal channels.

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