UMN grad student remains in ICE custody despite immigration court ruling
U of M student remains behind bars, won’t be deported
Dogukan Gunaydin has been behind bars for 40 days, and remains in jail, though an immigration judge has ruled he can’t be deported for a 2023 DUI arrest.
An immigration judge has ruled the Department of Homeland Security (DHS) cannot deport University of Minnesota graduate student Dogukan Gunaydin, terminating removal proceedings against him. Yet, Gunaydin remains in custody as DHS appeals the ruling.
Dogukan Gunaydin remains in custody
What we know:
An Immigration Court judge has ruled the government cannot deport University of Minnesota graduate student, Gunaydin, terminating removal proceedings against him.
FOX 9 has obtained Judge Sarah Mazzie’s six-page ruling. In her ruling, Mazzie sided with the Turkish graduate student and his legal team, terminating deportation proceedings against him. DHS is appealing her ruling. So, for now, Gunaydin remains 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.
Experts tell FOX 9 an appeals case in Immigration Court can take months to resolve.
Dig deeper:
Gunaydin has been in ICE custody since Mach 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 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.
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:
In light of Judge Mazzie’s ruling, a previously scheduled hearing for Gunaydin in immigration court on Tuesday has been canceled. The Board of Immigration Appeals has set a Thursday deadline for the two sides to submit their initial briefs in the appeal proceedings.