An immigration judge on Thursday denied a lawyer’s request to terminate the immigration case against her client, but gave her more time to file new arguments for why the former international student should remain in the United States.
Attorney Sarah Gad, who is representing Aditya Harsono, argued in immigration court that his arrest and visa revocation were “unlawful,” and asked immigration Judge Sarah Mazzie to review the legality of his case and terminate it. Mazzie said she does not have legal authority to review the Department of Homeland Security’s decision to revoke his visa, and denied the request.
But Mazzie granted a continuance for Gad, so she can file new arguments in Harsono’s case. Harsono, 34, was arrested at work in late March by U.S. Immigration and Enforcement (ICE) agents after his student legal status was revoked without his knowledge. He has been detained at the Kandiyohi County jail in Willmar since then.
Harsono’s next court hearing is scheduled for May 29, meaning he’ll remain in custody for another month.
Gad’s arguments Thursday were based on a petition she filed requesting that Harsono receive lawful permanent residency because he is married to a U.S. citizen. Mazzie said Gad needs to find another path to permanent residency, because a family-based petition typically takes more than a year to resolve.
Harsono’s wife, Peyton Harsono, attended the hearing via a live video broadcast. The two have a newborn daughter. After the hearing, Peyton Harsono said she was confused why Gad’s petition “still wasn’t enough.” She and Gad are working to expedite the family-based petition, she added.
“I just have such a negative view, because it’s impacted my life, it’s impacted my daughter’s life, it’s impacted my husband’s life, and it just feels like it’s all been a game,” she told Sahan Journal.
Mazzie said in court that she understands that Harsono’s case has “very sympathetic circumstances,” but added that the legality of his visa revocation and alleged constitutional violations should be addressed in federal court, not immigration court.
Harsono is a citizen of Indonesia, and entered the United States in 2021 on a student visa to study at Southwest Minnesota State University, according to court documents. Harsono graduated in 2023 with a degree in environmental science. He was granted temporary employment status to work in his field after graduation, and was employed as a supply chain manager.
Mazzie ruled on April 17 that Harsono was considered “removable” under evidence provided by the Department of Homeland Security (DHS). DHS cited a criminal conviction and a separate arrest as evidence that Harsono should be deported.
Harsono was arrested in 2022 for property damage, according to a memo from the Bureau of Consular Affairs, which said he “now poses a threat to U.S. public safety.” He was charged with a misdemeanor, and pleaded guilty to vandalizing semi-trucks, causing more than $4,500 in damage, according to court documents.
DHS also provided evidence of his 2021 arrest in a separate case where he attended a protest in Brooklyn Center about the police killing of Daunte Wright. The Brooklyn Center city attorney later dismissed an unlawful assembly charge against Harsono, citing “the interest of justice.”
Mazzie ordered on April 10 that Harsono should be released from custody on bond, but DHS appealed the decision and successfully filed a motion to keep him in custody throughout his deportation proceedings.
Peyton Harsono submitted a letter to the court supporting her husband: “He is experiencing severe emotional distress, and our family unit is suffering beyond measure.”
She also said in the letter that Harsono is the family’s main breadwinner. Two professors at his alma mater and his manager at work also submitted letters supporting him. A GoFundMe was set up to support his family.
“As a mother, I am struggling to provide for her while enduring this overwhelming emotional and financial burden on my own,” Peyton Harsono wrote on the GoFundMe page. “We are in danger of losing our apartment, no longer have health insurance, along with other bills and necessities that are needed when caring for a baby.”
