Wang Zong Xiao v. Reno

The district court found that United States officials and prosecutors engaged in an extraordinary pattern of misconduct that violated the Fifth Amendment due process rights of Wang Zong Xiao (“Wang”), a prosecution witness brought to the United States to testify falsely in an international drug conspiracy ease. To remedy the constitutional violations, and to protect Wang from future torture in China for his refusal to testify falsely, the district court permanently enjoined the Attorney General of the United States, and other Justice Department officials (“govern *811 ment”) from removing Wang from the United States or from returning him to the custody of officials from the People’s Republic of China (“PRC” or “China”), see Xiao v. Heno, 837 F.Supp. 1506, 1511-44 (N.D.Cal.1993) (“Wang II”). The government appeals the district court’s exercise of jurisdiction and issuance of a permanent injunction. We affirm.

BACKGROUND

United States officials brought Wang Zong Xiao, a citizen of China, to San Francisco in December 1989 to serve as a federal prosecution witness in an international drug conspiracy trial against Leung Tuk Lun, Chico Wong, and Andrew Wong. Wang had…