Chinese Immigrant Freed After 28 Years, Now Faces Deportation
Yanghao Lu walked into a Brooklyn courtroom in handcuffs on June 11, 2026 — and walked out with a chance to go home. After 28 years behind bars for a 1990s Chinatown kidnapping, a judge cut his sentence and set him free. Now he is in ICE custody, waiting to be deported to China.
A 28-Year Sentence Ends in a Brooklyn Courtroom
On June 11, 2026, Judge Sharen D. Hudson at Kings County Supreme Court vacated Yanghao Lu's original sentence of 75 years to life. Lu, 52, originally from Fujian Province, China, had served more than 28 years for his role in a 1995 kidnapping tied to Chinatown gang activity. The judge resentenced him to an indeterminate term of eight and one-third to 25 years, with full credit for time already served. That meant Lu was eligible for immediate release. On July 6, 2026, he was discharged from Green Haven Correctional Facility in upstate New York and transferred to ICE (U.S. Immigration and Customs Enforcement) custody to begin deportation proceedings.
Lu came to the United States in 1990, fleeing poverty in rural Fujian Province. He says smugglers sold him to a Long Island restaurant and forced him to work without pay. He eventually joined Chinatown gangs — groups known as Ghost Shadows and Flying Dragons — seeking protection. In 1997, he was convicted of three counts of first-degree kidnapping and sentenced to 75 years to life. He says language barriers, poor legal advice, and a fortune teller's prediction led him to reject a plea deal he now deeply regrets. His legal team — including the Legal Aid Society and the CUNY School of Law's Second Look Project — argued that his original sentence was excessive and that constitutional violations occurred during sentencing. That legal argument, not simply good behavior, is what made resentencing possible under New York law.
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Lu's case is being watched closely by advocates for at least 20 other Chinese immigrants still serving decades-long sentences in New York prisons for crimes connected to 1990s kidnapping rings. Many came from Fujian Province during a surge in unauthorized migration and ended up as low-level participants in criminal networks, often coerced and facing severe language barriers in court. The New York Chinese Prison Ministry, a faith-based volunteer group, has supported Lu and others for years — visiting them in prison and advocating for sentence reductions. Advocates say voluntary deportation back to China is a humane and practical solution, especially as many of these men have aging or dying relatives they have not seen in decades. Lu himself hopes to care for his 81-year-old father and visit his mother's grave — she died in 2020 after losing contact with him during the COVID-19 pandemic.
What This Means for Others in Similar Situations
David Crow, associate appellate counsel at the Legal Aid Society, warned that resentencing in New York is not automatic. A person cannot simply return to court after years of good behavior and ask for a shorter sentence. Defense attorneys must show that a constitutional violation — such as ineffective legal counsel or a sentencing error — occurred during the original case. Cultural and language barriers remain a serious obstacle. Crow said he hopes Lu's case will serve as a model for others still fighting for a second chance.
What to Do
- If you or a family member is a long-incarcerated immigrant seeking resentencing, contact a nonprofit legal organization such as the Legal Aid Society or a law school clinic with a post-conviction or "second look" project — they may take cases for free.
- Understand that resentencing in New York requires proving a constitutional violation during the original case, not just showing rehabilitation or willingness to be deported. Talk to an immigration attorney about how a resentencing affects your deportation proceedings.
- If you are transferred to ICE custody after completing a state sentence, you have the right to a removal (deportation) hearing in immigration court. You may request an immigration bond hearing to ask for release while your case is decided.
- Reach out to community organizations like the New York Chinese Prison Ministry or similar faith-based and advocacy groups — they can provide support, connect you with legal resources, and advocate on your behalf.
What to do, step by step — see our guide “Deportation Defense”.
Fishkin Law Firm, New York
When an immigrant completes a state prison sentence and is transferred to ICE custody, the clock starts immediately — ICE can move quickly toward a final removal order, especially for someone with a criminal conviction. However, the person still has the right to a hearing before an immigration judge and may be eligible to request a bond hearing or apply for protection under the Convention Against Torture if they fear return to their home country. Anyone in this situation should request legal representation as soon as they enter ICE detention — do not wait. Consult an immigration attorney with post-conviction experience before or immediately after any prison release.
Frequently Asked Questions
What happens after someone is transferred from prison to ICE custody?
ICE takes over and begins deportation (removal) proceedings. The person appears before an immigration judge, who decides whether they can be deported. They have the right to a hearing and may request a bond hearing to ask for release while the case continues. Having a criminal conviction makes deportation more likely, but it does not eliminate all legal options.
Can a long prison sentence be reduced so an immigrant can be deported sooner?
In New York, resentencing is possible but difficult. A defense attorney must show that a constitutional violation — such as ineffective legal counsel — occurred during the original case. Good behavior alone is not enough. Nonprofit legal organizations and law school clinics sometimes take these cases for free.
Do undocumented immigrants with criminal convictions have any rights in immigration court?
Yes. Everyone in removal proceedings has the right to appear before an immigration judge and present their case. They can apply for certain forms of protection, such as relief under the Convention Against Torture, if they can show they would face serious harm if deported. An immigration attorney can help identify what options may be available.
What is voluntary deportation, and is it better than being forcibly removed?
Voluntary deportation (formally called "voluntary departure") means agreeing to leave the country on your own rather than being formally removed by ICE. In some cases it can result in fewer long-term immigration bars than a formal removal order. However, the rules are complex and depend on your specific situation. Lawyers recommend speaking with an immigration attorney before agreeing to anything in immigration court.