Federal judge overturns Chinese man's deportation - WOWK 13 Charleston, Huntington WV News, Weather, Sports

Federal judge overturns Chinese man's deportation

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A federal judge has ruled that a Chinese man facing deportation should have his conviction overturned because he wasn't told of the risk of being deported to China when he pleaded guilty to illegally harboring immigrants.

The ruling from U.S. District Judge John G. Heyburn II in Louisville means 39-year-old Jian Tian Lin cannot be immediately sent to China while he fights the charges that he knowingly hired at least 10 illegal immigrants at The Golden China Buffet in Radcliff.

A U.S. Supreme Court decision from 2010 that concluded that an attorney failed his client by not warning of possibly being deported for pleading guilty to an "aggravated felony." The Supreme Court did not say it applied retroactively. But, Heyburn cited the decision when ruling in Lin's favor.

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