Xiao

OPINION AND ORDER

Defendants move to dismiss all twelve causes of action in plaintiffs first amended complaint (“FAC”). For the reasons stated herein, the Court grants the motion to dismiss the Eleventh Cause of Action, as mandated by the United States Court of Appeals for the Ninth Circuit, and denies the motion to dismiss the remaining eleven causes of action.

I.

The facts (taken from the Ninth Circuit’s opinion in Wang Zong Xiao v. Barr, 979 F.2d 151 (9th Cir.1992)) may be summarized briefly.

A.

Pursuant to 8 U.S.C. § 1182 (d)(5)(A), the government paroled plaintiff into the United States from the People’s Republic of China (“PRC”) to testify at the trial of several criminal defendants in the so-called “Goldfish” case. At that trial, plaintiff testified that Chinese authorities had tortured and coerced him into confessing and testifying falsely; this Court subsequently declared a mistrial. Plaintiff initially sought asylum, but then on February 5, 1990, he filed a complaint seeking declaratory and injunctive relief to prevent his return to the PRC or delivery into the custody of PRC officials. On July 5, 1990, plaintiff filed his FAC, which, currently, is the operative…