Xiao
Wang Zong Xiao v. Reno
837 F. Supp. 1506·1993 WL 437193·1993 U.S. Dist. LEXIS 16165
United States District Court, Northern District of CaliforniaOctober 6, 1993C-90-0350 WHOCalifornia32,220 words
Opinion
Opinion
Orrick, J.
TABLE OF CONTENTS
Page
I. INTRODUCTION.1511
II. FINDINGS OF FACT.1512
A. The Goldfish Arrests.1512
B. The Commencement of the Goldfish Case.1514
C. The Prosecution Team’s May 1988 Trip.1520
D. Wang’s September 1988 Trip to San Francisco.1522
E. The Prosecution Team’s March 1989 Trip.1526
F. The September 1989 Trip to Shanghai.1532
G. The Goldfish Trial.1534
H. The Immigration Proceedings.1538
I. Wang’s Prospects if He is Returned to the PRC.1541
III. CONCLUSIONS OF LAW.1544
A. Jurisdiction.1544
1. Exhaustion of Administrative Remedies.1544
2. Political Questions Doctrine.1546
B. Third Cause of Action: Violation of Substantive Due Process.1547
1. Wang’s Constitutional Rights Apply to Conduct while He Was in the PRC and as an Alien.1547
2. Wang has the Right to be Free from Governmental Conduct that “Shocks the Conscience”.1550
a. The Government Acted With Deliberate Indifference to Wang’s Rights.1551
(i) The Government Ignored Clear Indications that the PRC Police Coerced Parts of Wang’s Testimony.1551
(ii) The Government Attempted to Prevent the PRC from Transferring Wang to the Chinese Court System Until After He Testified in the United States.1553
(ni) The…