Chinese Citizen Charged With Felony Drug Trafficking in Maine Invokes “Asylum” Claim to Avoid Deportation

A Chinese citizen charged with felony drug trafficking after his arrest in China, ME, has invoked his status as an “asylum seeker” in a bid to avoid deportation.

Changeng Chen, 36, a citizen of the People’s Republic of China, was arrested in January in connection with a five-room illegal cannabis growing operation at 1144 Route 3 in China.

Chen and his alleged co-conspirators — Bing Xu, 42, and Aiqin Chen, 44 — were arrested after Kennebec County Sheriff’s Department deputies searched the home pursuant to a complaint alleging that individuals had been kidnapped from China, brought to the home, and were being forced to tend marijuana plants.

All three were charged with felony drug trafficking.

The property belongs to Yuzhen Chen of Kent, Washington, but there’s no indication he has been interviewed by Maine or federal law enforcement in connection to the arrests.

Chen was originally slated for deportation after U.S. Immigration and Customs Enforcement (ICE) issued a detainer on him and transported him from Kennebec County to the Cumberland County Jail.

However, Scott Hess, Chen’s attorney, deployed an uncommon tactic that has allowed Chen to avoid deportation on the grounds that he has a pending application for asylum status in the U.S.

“Mr. Chen is a citizen of the People’s Republic of China. He has a pending asylum claim in Federal Court. Upon information and belief, he has a work permit, has been monitored by immigration officials since entry into the United States, and has even been issued a social security number,” Chen’s attorney wrote in a January court filing.

“[I]f Mr. Chen’s asylum petition is granted, and there are no other grounds for removal, he will be able to remain in the United States,” the attorney, Scott F. Hess, wrote.

“The State does not object to this motion,” Hess wrote.

In the filing, Hess states that Chen mistakenly made $2,500 cash bail on Jan. 30. In the motion, Hess asked the court to revoke his own client’s bail or to increase it by $20, an action that would create a pretext for Chen to be returned to Kennebec County from Cumberland County before ICE could remove him from Maine.

Hess did not respond to a phone call seeking comment about his client’s case.

According to an affidavit in support of probable cause submitted to an Augusta District Court judge, the tip that prompted the search of the residence claimed the following:

“We are imprisoned, please come and save us, we are here, 114 Route 3 China, ME 04358, no cell phones, we were abducted from China, passports were confiscated, the boss is a woman, 5.2 feet, about 45 years old, no means of transportation, the manager is Asian, black hair, 5.6 feet, a lot of marijuana is grown on the first floor, a lot of finished products, no escape from the house, only work but no salary, I want to leave here, we tried to escape but failed, we were beaten, please come and save us.”

When law enforcement arrived on the premise, they found no evidence of human trafficking or individuals being held against their will; however, they did find a massive unlicensed marijuana cultivation operation with more than 775 plants growing in the first floor garage.

Initially, Chen tried to claim that the grow was licensed by the Office of Cannabis Policy. He presented the officers with a cannabis retailer’s card under the name “Franks Garden LLC”.

At the same time, Chen readily admitted that he was present in the U.S. illegally.

“I asked if Chenggeng [sic] was here in the United State illegally,” the arresting officer wrote in his report. “Chenggeng [sic] told me all three of them were here illegally.”

After briefly trying to make a phone call, Chen then changed his story to claim that he was in the process of getting his Green Card.

Eventually, Chen said he entered the U.S. illegally in Seattle and reported to an immigration office there.

“When he came to the east coast, Changgeng [sic] began checking into the Boston Immigration Office,” the affidavit states. “It was very clear that Changgeng [sic] knew what I was asking him and understood the conversation that we were having from the translating app he provided.”

The only corporate filing for Frank’s Garden LLC on record with the Maine Secretary of State’s office is an Oct. 2021 filing under the name of Donna Mason, but the LLC has since been administratively dissolved.

The OCP website doesn’t show any current medical or adult-use licenses for either Frank’s Garden LLC or either of the Masons.

According to records from the Kennebec County Registry of Deeds, Donna and Bryan Mason of Haverhill, Mass., purchased the residence in Sept. 2021. According to electrical records filed with the state, the Masons quickly moved to install commercial grade power and five-dozen high-powered lights at the property.

In Oct. 2023, the couple sold the property for cash to Yuzhen Chen of Kent, Washington, with a warranty deed that was notarized in Minnesota and New Hampshire.

According to tax records, the Masons sold the 10-acre property for $350,000, a $45,000 capital gain on their 2021 purchase price of $305,000.

According to court documents, Xu, Chen, and Chen’s bail conditions state that they are to remain in the state of Maine under house arrest at the China residence while having no contact with each other.

Under federal law, asylum seekers who are charged with crimes are supposed to remain in ICE detention until their criminal cases and asylum claims are resolved by the court system, with criminal convictions leading to expedited immigration proceedings.

It’s unclear whether Chen and his attorney were successfully able to subvert the detainer placed on him by federal immigration authorities, though Maine officials have typically followed “sanctuary” policies that frustrate ICE’s efforts to remove illegal aliens from the U.S.

A spokesperson for ICE-ERO Boston did not respond to multiple emails inquiring about Chen’s status.