This week, an immigration judge found the official document initiating the deportation of Kseniia Petrova, a Russian-born Harvard Medical School researcher, failed to meet legal standards. Petrova has been in Immigration and Customs Enforcement's (ICE) custody since February. She is challenging the cancellation of her J-1 scholar visa while seeking asylum due to the threat of persecution she faces in Russia. The judge asked the government to file additional information to support deportation, and a hearing to assess the validity of Petrova's deportation charge has been set for late July.
Petrova was initially taken into ICE custody on February 16 at Boston Logan International Airport while returning from a work trip. She had flown to France to pick up frog embryo samples from a partner research lab for her research on cancer detection. Petrova did not declare the samples and was detained by Customs and Border Protection (CBP). Petrova "was lawfully detained after lying to federal officers about carrying substances into the country," including "petri dishes, containers of unknown substances, and loose vials of embryonic frog cells," according to the Department of Homeland Security (DHS).
In cases like these, CBP typically confiscates undeclared items and issues a fine of $50 to $500, Gregory Romanovsky, Petrova's attorney, told MSNBC. Instead, Petrova was taken into custody and her scholar visa was canceled. Romanovsky believes Petrova's arrest is "part of a broader effort to create an unwelcoming and hostile environment for noncitizens." He is representing Petrova in a lawsuit against DHS alleging that her visa cancellation and subsequent detention are unlawful. Although DHS accuses Petrova of "knowingly breaking the law and took deliberate steps to evade it" when she chose to "smuggle" research samples into the U.S., Romanovsky is pushing for her release. He told NBC News that she's a victim of a new, indiscriminate policy of refusing release, despite Petrova not being a flight risk or a risk to the community. Instead, "she's just taking up bed space."
