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Ill and in Pain, Detainee Dies in U.S. Hands

Published: August 12, 2008

He was 17 when he came to New York from Hong Kong in 1992 with his parents and younger sister, eyeing the skyline like any newcomer. Fifteen years later, Hiu Lui Ng was a New Yorker: a computer engineer with a job in the Empire State Building, a house in Queens, a wife who is a United States citizen and two American-born sons.

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Times Topics: In-Custody Deaths
Deaths in Detention

A page of resources on the topic of in-custody deaths, including past coverage of deaths in immigration custody in The Times and other newspapers, links to information around the Web, an interactive map of immigration detention facilities and more.

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Request for Investigation Into the Death Hiu Lui Ng (pdf)
Affadavit Filed Before the Death Hiu Lui Ng (pdf)

But when Mr. Ng, who had overstayed a visa years earlier, went to immigration headquarters in Manhattan last summer for his final interview for a green card, he was swept into immigration detention and shuttled through jails and detention centers in three New England states.

In April, Mr. Ng began complaining of excruciating back pain. By mid-July, he could no longer walk or stand. And last Wednesday, two days after his 34th birthday, he died in the custody of Immigration and Customs Enforcement in a Rhode Island hospital, his spine fractured and his body riddled with cancer that had gone undiagnosed and untreated for months.

On Tuesday, with an autopsy by the Rhode Island medical examiner under way, his lawyers demanded a criminal investigation in a letter to federal and state prosecutors in Rhode Island, Connecticut, Massachusetts and Vermont, and the Department of Homeland Security, which runs the detention system.

Mr. Ng’s death follows a succession of cases that have drawn Congressional scrutiny to complaints of inadequate medical care, human rights violations and a lack of oversight in immigration detention, a rapidly growing network of publicly and privately run jails where the government held more than 300,000 people in the last year while deciding whether to deport them.

In federal court affidavits, Mr. Ng’s lawyers contend that when he complained of severe pain that did not respond to analgesics, and grew too weak to walk or even stand to call his family from a detention pay phone, officials accused him of faking his condition. They denied him a wheelchair and refused pleas for an independent medical evaluation.

Instead, the affidavits say, guards at the Donald W. Wyatt Detention Facility in Central Falls, R.I., dragged him from his bed on July 30, carried him in shackles to a car, bruising his arms and legs, and drove him two hours to a federal lockup in Hartford, where an immigration officer pressured him to withdraw all pending appeals of his case and accept deportation.

“For this desperately sick, vulnerable person, this was torture,” said Theodore N. Cox, one of Mr. Ng’s lawyers, adding that they want to see a videotape of the transport made by guards.

Immigration and detention officials would not discuss the case, saying the matter was under internal investigation. But in response to a relative of Mr. Ng’s who had begged that he be checked for a spinal injury or fractures, the Wyatt detention center’s director of nursing, Ben Candelaria, replied in a July 16 e-mail message that Mr. Ng was receiving appropriate care for “chronic back pain.” He added, “We treat each and every detainee in our custody with the same high level of quality, professional care possible.”

Officials have given no explanation why they took Mr. Ng to Hartford and back on the same day. But the lawyers say the grueling July 30 trip appeared to be an effort to prove that Mr. Ng was faking illness, and possibly to thwart the habeas corpus petition they had filed in Rhode Island the day before, seeking his release for medical treatment.

The federal judge who heard that petition on July 31 did not make a ruling, but in an unusual move insisted that Mr. Ng get the care he needed. On Aug. 1, Mr. Ng was taken to a hospital, where doctors found he had terminal cancer and a fractured spine. He died five days later.

The accounts of Mr. Ng’s treatment echo other cases that have prompted legislation, now before the House Judiciary Committee, to set mandatory standards for care in immigration detention.

In March, the federal government admitted medical negligence in the death of Francisco Castaneda, 36, a Salvadoran whose cancer went undiagnosed in a California detention center as he was repeatedly denied a biopsy on a painful penile lesion. In May, The New York Times chronicled the death of Boubacar Bah, 52, a Guinean tailor who suffered a skull fracture and brain hemorrhages in the Elizabeth Detention Center in New Jersey; records show he was left in an isolation cell without treatment for more than 13 hours.

When Mr. Ng died last week, he had spent half his life in the United States, his sister, Wendy Zhao, said in a tearful interview.

Born in China, he entered the United States legally on a tourist visa. Mr. Ng stayed on after it expired and applied for political asylum. He was granted a work permit while his application was pending, and though asylum was eventually denied, immigration authorities did not seek his deportation for many years.

Meanwhile, his sister said, Mr. Ng (pronounced Eng), who was known as Jason, graduated from high school in Long Island City, Queens, worked his way through community technical college, passed Microsoft training courses and won a contract to provide computer services to a company with offices in the Empire State Building.



 

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