Priya Saxena: Federal Court saved Indian student Priya Saxena from exile on minor traffic violations in America

A federal court has protected an initial prohibition Priya SaxenaA 28 year old Indian student Who recently completed his PhD South DakotaFrom Exile Attempt to cancel your visa after the Homeland Security Department (DHS).Saxena, who received a doctorate in Chemical and Biological Engineering from South Dakota School of Mines and Technology. F -1 visa (Valid by 2027) was unexpectedly rejected in April. He received a notification from the US embassy in New Delhi via email, and his student and exchange visitor Information System (Sevis) records ended the record, threatening his ability to get his PhD.The government’s decision stems from a modest 2021 traffic violations – failure in yield for an emergency vehicle. His lawyer, Jim Leach said that Saxena had earlier revealed the incident during his visa application process, and the immigration authorities approved his entry after reviewing the details. While he initially suspected a Dui in 2021, the allegations were removed after a blood test, and these facts were known when his visa was re -released.

Leach told NBC News, “The government re -released its visa and then came back after three and a half years and said,” Oh, wait a minute. Now get out of the country, “Leach told NBC News. “It just makes no sense.”Saxena’s legal challenge argued that the DHS violated the fifth amendment by canceling his sevis status without warning or responding due to the Administrative Procedure Act and its fifth amendment. The court initially gave a temporary preventive order to allow him to graduate, and on Thursday extended the security through an initial prohibition that he was able to stay in the US and apply. Alternative practical training (Opt).The case has wide implications, as DHS reported that it had reviewed the records of students of 1.3 million foreign origin, identified thousands. Visa dismissalLeach said Saxena’s case is one of “dozens and dozens of”, where students have successfully challenged similar DHS decisions.The time of the case coincided with South Dakota Governor Christie NoM, receiving an honorary doctorate at Dakota State University, leaving the leach as “actually something out of the novel something”. While Saxena was celebrated by his classmates, NoM faced opposition to his immigration policies.Despite the government’s argument that there was no harm due to the restoration of Saxena’s status, the judge gave prohibition to prevent potential future disarray, allowing the illegal nature of DHS functions and the need for safety of the rights of students.