South Dakota Court Voids DHS SEVIS Termination for Indian PhD Over 2 Traffic Cases
Updated
Updated · Bloomberg Law · Jun 8
South Dakota Court Voids DHS SEVIS Termination for Indian PhD Over 2 Traffic Cases
2 articles · Updated · Bloomberg Law · Jun 8
Summary
Summary judgment went to an Indian PhD graduate and postdoctoral fellow after a South Dakota federal court ruled DHS unlawfully terminated her SEVIS immigration record.
The court said the decision was arbitrary and capricious because DHS failed to identify any regulation allowing termination based on her dismissed DWI charge and a traffic violation.
The ruling came on her Administrative Procedure Act challenge, giving her a court win against the agency's handling of her student-status record.
The case underscores judicial scrutiny of immigration enforcement actions when agencies cannot tie penalties to specific regulatory authority.