Immigration judge rules U of M grad student can’t be deported
DHS can’t deport U of M grad student: Judge ruling
An Immigration Court judge has ruled the DHS cannot deport U of M grad student Dogukan Gunaydin, though he will remain in custody as his appeal works through the court system.
MINNEAPOLIS (FOX 9) - An Immigration Court judge has ruled the Department of Homeland Security (DHS) cannot deport University of Minnesota graduate student Dogukan Gunaydin.
Gunaydin deportation efforts
What we know:
Gunaydin’s case has drawn significant attention to the Trump administration’s mass deportation efforts targeting college students with criminal records.
Gunaydin was convicted in a 2023 drunk driving case, and while the Immigration judge found it to be a serious offense, she ruled it doesn't warrant removing him from the U.S.
He has been in Immigration and Customs Enforcement (ICE) custody since his arrest on March 27, will remain in custody as DHS appeals the ruling.
The case has drawn significant attention and several protests.
Judge’s ruling
Dig deeper:
FOX 9 has obtained Judge Sarah Mazzie’s six-page ruling.
In her ruling, Mazzie sided with the Turkish grad student and his legal team, terminating deportation proceedings against him. DHS is appealing her ruling.
For now, Gunaydin will remain behind bars at the Sherburne County Jail in Elk River.
"The court concludes DHS has not met its burden to establish removability by clear, convincing, and unequivocal evidence. Therefore, the court terminates removal proceedings," Judge Mazzie wrote.
Previous arrest
The backstory:
Gunaydin has been in ICE custody since March 27 after he was arrested near his off-campus apartment in St. Paul.
The government revoked Gunaydin’s student visa and began deportation proceedings against him because of a previous drunk driving offense in which his blood alcohol level was more than twice the legal limit.
DHS argues the 2023 arrest makes him a risk to public safety and warrants returning him to his native Turkey.
Judge Mazzie acknowledged the seriousness of Gunaydin’s offense writing, "The facts of this case leave no doubt that [Gunaydin] engaged in dangerous activity. However, the evidence is insufficient to establish he placed a large segment of the general population at risk."
In conclusion, Mazzie found DHS did not meet its burden to deport Gunaydin.
What they're saying:
The Department of Homeland Security is appealing the ruling.
"The immigration judge erred in failing to find that driving dangerously while severely intoxicated is criminal activity that endangers public safety and as a result erred in terminating the removal proceedings," wrote DHS attorney Laura Trosen.
While the appeal process plays out, Gunaydin will remain in custody.
FOX 9 previously reported a federal court judge has issued a temporary restraining order barring DHS and ICE from moving Gunaydin out of the district of Minnesota during his case proceedings.
What's next:
Gunaydin is scheduled to return to Immigration court on Tuesday for his next hearing.