NEWARK, NJ – A federal judge in New Jersey has agreed to allow a habeas corpus petition to proceed in the case of a Chinese national detained by U.S. Immigration and Customs Enforcement (ICE) following an interview related to her immigration applications.
According to court documents filed Tuesday, petitioner Aiping Liu has a final exclusion order dating back to May 31, 1995. Over the years, Liu has pursued multiple forms of relief from removal, including asylum and adjustment of status, all of which have been denied.
Liu was taken into custody by ICE on August 18 during an interview for her latest adjustment of status and inadmissibility waiver applications. She subsequently filed a counseled habeas corpus petition under 28 U.S.C. § 2241, challenging her detention and possible removal before those applications are decided.
Court allows case to move forward
In a memorandum and order signed by U.S. District Judge Katharine S. Hayden, the court found that summary dismissal of the petition was not warranted at this stage. The judge cited Rule 4 of the Rules Governing Section 2254 Cases, which allows preliminary screening of habeas petitions, and determined that Liu’s petition presented sufficient grounds to continue.
The court’s decision means the case will move forward for a response from federal immigration authorities.
Temporary restraining order request under review
Liu has also filed an emergency motion seeking a temporary restraining order (TRO) and order to show cause (OTSC) to prevent her removal, detention, or transfer while her immigration applications are pending before U.S. Citizenship and Immigration Services (USCIS).
She has asked the court to require USCIS to adjudicate her applications within seven days.
Judge Hayden noted that to qualify for preliminary injunctive relief, Liu must show a likelihood of success on the merits and that she would suffer irreparable harm without the court’s intervention. Additional factors include the potential harm to the government and the public interest.
Background on the case
Court records indicate Liu has been pursuing relief intermittently for nearly three decades, with her latest filings stemming from actions taken in late 2024 and 2025. The case, Liu v. Lyons, Acting Director, Immigration and Customs Enforcement, et al., remains pending in the U.S. District Court for the District of New Jersey under civil action number 25-16289 (KSH).
The court has not yet ruled on Liu’s request for emergency injunctive relief.
The next step will involve a response from federal authorities addressing the claims outlined in Liu’s habeas petition.
