Judge says government should release Russian scientist
A federal judge on Wednesday said she would grant bail to Kseniia Petrova, a Russian scientist employed by Harvard University, in an immigration case stemming from Ms. Petrova’s failure to declare scientific samples she was carrying into the country.
“There does not seem to be either a factual or legal basis for the immigration officer’s actions” in stripping Ms. Petrova of her visa on Feb. 16, Christina Reiss, chief judge of the U.S. District Court in Vermont, said in a court hearing.
The judge said the available evidence suggested that the samples Ms. Petrova carried into the country were “wholly non-hazardous, non-toxic, non-living, and posed a threat to no one.” She also said that “Ms. Petrova’s life and well-being are in peril if she is deported to Russia,” as the government has said it intends to do.
Unlike other high-profile deportation cases involving academics, Ms. Petrova’s began with a customs violation. Returning to Boston from a vacation in France, she agreed to carry back samples of frog embryos from an affiliate laboratory at the request of her supervisor at Harvard Medical School.
When the samples were discovered during an inspection of Ms. Petrova’s baggage at Logan Airport, the customs official canceled her visa on the spot and started deportation proceedings. She was transferred to an Immigration and Customs Enforcement detention center in Louisiana, where she remained for more than three months.
“This is kind of a circular process, because it was the government that revoked her visa,” Judge Reiss said on Wednesday. “And it’s essentially saying, ‘We revoked your visa, now you have no documentation and now we’re going to place you in removal proceedings.’”
She concluded that “what happened in this case was extraordinary and novel,” and that if she did not take action in the case “there will be no determination” that Ms. Petrova’s constitutional rights had been violated.
“Bail is necessary to make the habeas remedy effective in this case,” she said. [Continue reading…]