Diplomat Khobragade Seeks Dismissal of Visa Fraud Case in US

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 NEW YORK -- Indian diplomat Devyani Khobragade has moved a federal court here to dismiss the visa fraud case against her, saying there is lack of personal jurisdiction since she had been accorded full diplomatic immunity by the U.S. Department of State.

Khobragade's lawyer Daniel Arshack submitted a four-page "motion seeking dismissal of action for lack of personal jurisdiction" on Jan. 9 with Magistrate Judge Sarah Netburn of the U.S. District Court of the Southern District of New York.

The diplomat was indicted for visa fraud and making false statements but flew back to India on the night of Jan. 9 from JFK airport here on an Air India flight after she was accorded diplomatic immunity by the State Department and was asked to depart from the United States.

Arshack said in his motion that even as the State Department fully credentialed Khobragade as a diplomat assigned to the Permanent Mission of India to the UN, "additionally and unexpectedly, they have required her immediate departure from the U.S."

Read more at http://www.indiawest.com/news/16209-khobragade-seeks-dismissal-of-visa-fraud-case-in-us.html#duwcFG00tDkCPCgk.99