Court protects Indian student in US from deportation over minor traffic violation

A national tribunal has granted a preliminary injunction protecting

Priya Saxena

, a 28-year-old

Indian student

who precocious completed her PhD successful

South Dakota

, from

deportation

pursuing the Department of Homeland Security's (DHS) effort to revoke her visa.Saxena, who earned her doctorate successful chemic and biologic engineering from South Dakota School of Mines & Technology, had her

F-1 visa

(valid until 2027) unexpectedly revoked successful April. She received notification via email from the US embassy successful New Delhi, and her Student and Exchange Visitor Information System (SEVIS) grounds was terminated, threatening her quality to person her PhD.The government's determination stemmed from a insignificant 2021 postulation usurpation - nonaccomplishment to output to an exigency vehicle. Her attorney, Jim Leach, noted that Saxena had antecedently disclosed this incidental during her visa exertion process, and migration officers had approved her introduction aft reviewing the details. While she was initially suspected of a DUI successful 2021, charges were dropped aft a humor test, and these facts were known erstwhile her visa was reissued.

"The authorities reissued her visa and past comes backmost 3 and a fractional years aboriginal and says, 'Oh, hold a minute. Get retired of the state now,'" Leach told NBC News. "It conscionable makes nary sense."Saxena's ineligible situation argued that DHS violated some the Administrative Procedure Act and her Fifth Amendment owed process rights by revoking her SEVIS presumption without informing oregon accidental to respond. The tribunal initially granted a impermanent restraining bid allowing her to graduate, and connected Thursday extended that extortion done a preliminary injunction, enabling her to stay successful the US and use for

Optional Practical Training

(OPT).The lawsuit has broader implications, arsenic DHS revealed it had reviewed records of 1.3 cardinal foreign-born students, identifying thousands for

visa re...