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XIAO v. BARR

Nos. 92-15389, 92-16272.

979 F.2d 151 (1992)

Wang Zong XIAO, Plaintiff-Appellee, v. William P. BARR, in his capacity as Attorney General of the United States; William T. McGivern, Jr., in his capacity as United States Attorney for the Northern District of California; Reginald L. Boyd, in his capacity as United States Marshal for the Northern District of California; D. Eugene McNary, in his capacity as Commissioner of the Immigration and Naturalization Service; and David Ilchert, in his capacity as District Director of the Immigration and Naturalization Service, Defendants-Appellants. (Two Cases)

United States Court of Appeals, Ninth Circuit.

Decided October 30, 1992.

Attorney(s) appearing for the Case

Steven R. Valentine, Deputy Asst. Atty. Gen., Lauri Steven Filppu, Mark C. Walters, Alexander H. Shapiro, Civil Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

Cedric C. Chao and Annette P. Carnegie, Morrison & Foerster, San Francisco, Cal., for plaintiff-appellee.

Before POOLE, FERNANDEZ, and T.G. NELSON, Circuit Judges.

POOLE, Circuit Judge:

I.

Pursuant to 8 U.S.C. § 1182(d)(5)(A), appellee Wang Zong Xiao ("Wang") was paroled into this country from the People's Republic of China ("PRC") to testify at the trial of Leung Tak Lun, Chico Wong, and Andrew Wong. Wang had allegedly participated in a conspiracy to import heroin from Shanghai to San Francisco inside condoms sewn into the body cavities of dead goldfish. The Leung trial ended disastrously for the government...

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