Anushka Bubey, et al. v. Department of Homeland Security

Date: 09-26-2025

Case Number: 24 CV 5286

Judge: Matthew F. Kennelly

Court: United States District Court for the Northern District of Illinois (Cook County)

Plaintiff's Attorney:

Defendant's Attorney: United States Department of Justice

Description: Chicago, Illinois, immigration lawyers represented the Plaintiffs seeking review of adverse administrative decisions made by HHS.

Five citizens of India, who came to the United States as students with F-1 visas, returned home for short periods and sought reentry. Officials at the air- ports where they arrived revoked their visas. The officials ordered expedited removal with respect to four of the five; the fifth was allowed to withdraw his application for entry. All
five returned to India. From there they filed this suit under the Administrative Procedure Act, 5 U.S.C. §§ 556(d), 702, 704, seeking to contest decisions that preceded the actions at the airports.

Plaintiffs completed their courses of studies, but F-1 visa holders may remain in the United States to participate in “op- tional practical training” (OPT) programs. Each plaintiff signed up for such a program, and they depict themselves as victims of fraud. Plaintiffs allege that the providers with which they enrolled did not furnish either training or work and eventually ghosted them. Immigration officials appear to believe, however, that the plaintiffs were the wrongdoers or at least should have known that it is improper to pay for phantom work-study programs. We say “appear” because the complaint does not attach copies of the administrative decisions, and the suit was dismissed on the pleadings under Fed. R. Civ. P. 12(b)(1). Plaintiffs imply that they did not receive copies of the decisions—indeed, that they never received notice that any administrative process was under way and did not have a chance to explain their positions. Because this suit did not reach discovery, and the Department did not file the administrative records, these and other details remain unknown. We accept plaintiffs’ allegations for current purposes.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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