A Chinese man found not guilty earlier this month of murdering his lover remains in custody after being served with an immigration removal order.
Feng Li, 44, was detained under a warrant of commitment on July 24 and reappeared in Auckland District Court today to apply for bail on conditions.
His lawyer Simon Laurent sought to have him released, but the matter was stood down until August 7 so further legal instruction could be sought. Li remains in custody.
Li was found not guilty by a jury following a three-week trial in the High Court in Auckland of murdering his lover, 54-year-old Auckland massage parlour owner Xiukun Feng, also known as Nancy Peterson.
He was issued with the removal order immediately after he was acquitted on July 21 and he went into custody four days later.
Mr Laurent said the Department of Labour wanted Li to remain in custody until his Chinese passport was renewed and then he could be sent back to China.
Li's work permit to stay in New Zealand expired in May. At that stage he was on bail charged with Mrs Peterson's murder and his passport had been surrendered.
This meant he could not apply for another permit, nor could he leave New Zealand voluntarily, Mr Laurent said.
Li is also seeking a judicial review of the order.
He will appear in the High Court in Auckland on August 3 where Mr Laurent will seek an interim order preventing the Department of Labour exercising the removal order.
- NZPA
Man cleared of murder held on immigration claim
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