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Court Says ICE Acted Unlawfully in Canceling Indian Student’s Visa

NRI PULSE STAFF REPORT

Milwaukee, Wisconsin, March 1, 2026: A federal judge has ruled that U.S. Immigration and Customs Enforcement acted unlawfully when it cancelled the student visa status of an Indian national over a minor, previously dismissed traffic matter. The decision, issued on Feb. 27 by a U.S. district court, concluded that the agency’s action was arbitrary and lacked a lawful basis under federal administrative law.

The case centers on Akshar Patel, an Indian citizen who entered the United States on an F-1 student visa and was enrolled at the University of Wisconsin–Milwaukee. In early 2025, Immigration and Customs Enforcement terminated Patel’s record in the Student and Exchange Visitor Information System after his name surfaced during a broad review of international students’ records against a federal law enforcement database. The only matter cited by authorities was a 2018 speeding or reckless driving case in Texas that was dismissed and did not result in any conviction.

Petitioners in the lawsuit argued that Patel’s status was revoked without proper notice or individualized assessment and that the government failed to provide due process as required by the Administrative Procedure Act. In its ruling, the court agreed, finding that the record did not show Patel had committed any disqualifying offense and that the agency had not articulated a reasoned justification for terminating his visa status. The judge also rejected the government’s argument that the case was moot after Patel’s status was later restored, saying the underlying procedural defects remained unresolved.

The termination of Patel’s SEVIS record had halted his ability to attend classes and placed him at risk of losing legal status in the country before he challenged the action in court. Attorneys for Patel and others affected by similar terminations have said the broader enforcement initiative that flagged minor or dismissed matters raised concerns about due process and fairness for international students.

The ruling underscores judicial scrutiny of how immigration authorities review and act on information from government databases when making decisions that affect nonimmigrant students’ legal status. Legal experts said the decision could influence how agencies handle future compliance reviews, particularly in distinguishing between significant criminal convictions and minor or dismissed infractions that should not affect visa eligibility.

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