Representative image / iStock
A U.S. District Court ruled on Feb. 27 that Immigration and Customs Enforcement (ICE) unlawfully terminated the F-1 student visa of Akshar Patel, an Indian national, over a dismissed 2018 traffic case.
The court found the agency’s action arbitrary and capricious and in violation of the Administrative Procedure Act. It rejected the government’s argument that the case should be dismissed because Patel’s Student and Exchange Visitor Information System (SEVIS) record was administratively restored on reconsideration.
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Court filings state ICE terminated Patel’s SEVIS record “with no notice, no legal basis, and no individualized determination."
Patel enrolled in the University of Wisconsin-Milwaukee in 2018 and was later arrested in Texas for reckless driving due to high speed. The District Attorney dismissed the charges on Feb. 21, 2019, and he had no other criminal matters. There was no indication he violated the terms of his F-1 status.
His visa was terminated by ICE following a mass termination of SEVIS records after the agency reportedly ran the names of over a million international students through a federal crime database as part of their “Student Criminal Alien Initiative.”
Patel argued that the wrongful termination deprived him of status and related benefits without prior notice or opportunity to respond. The court allowed him to pursue his challenge under the APA and determined that ICE’s action could not stand under governing law.
Following the court’s intervention, Patel’s SEVIS record and F-1 status were restored, enabling him to continue his education without the immediate legal consequences triggered by the earlier termination.
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