Wang Yu-tseng Wins a Round

Wang You-tseng, the fugitive Rebar tycoon, will be released from a US immigration detention center by April 4th unless the US government decides to appeal Judge Rose Peter's decision to release Wang on grounds that he did not illegally enter the US because he never exited.

Wang's lawyers successfully argued that although Wang passed through US passport control and flew to Singapore, he never legally exited the US because he did not legally enter Singapore. Wang's high-powered immigration lawyers cited a case known as the Matter of T as a precedent. In that 1955 case, a Yugoslav national left the US on a ship but was unable to enter his European destination. After returning to the United States, he eventually won a judgment that he had never exited the US since he had never entered another country.

The US government has 30 days to appeal.

In a related analysis, the pro-blue China Times tries to get in a jab at the government by arguing that this outcome is the fault of the government here for not letting Wang enter Singapore. They of course neglect to mention that had he entered Singapore, he might well be in Burma now by some other route. Still, it does once again raise the question of why Taiwanese authorities fail to find adequate representation in these cases until too late.

Wang's lawyers now say that he will apply for political asylum in the US. He can't apply for US citizenship because Taiwan will not issue him the criminal clearance he needs to apply. This requirement is waived for applicants for political asylum.

Tellingly, Wang's fancy Chinese-American lawyer said that Wang may eventually attempt to return to China, the country of his birth.

Carpetbagger!

And remember, you read about it on Taiwan Matters first.