Prosecutors want judge to toss lawsuit from UMN student detained by ICE | FOX 9 Minneapolis-St. Paul

Prosecutors want judge to toss lawsuit from UMN student detained by ICE

Federal prosecutors have asked a U.S. judge to throw out a University of Minnesota student’s request for release from Immigration and Customs and Enforcement custody. 

Prosecutors respond to petition

What we know:

In a response filed last week, authorities argue that any arguments over Dogukan Gunaydin's detainment by ICE should be heard in immigration court – not federal court. The U.S. Attorney's Office, representing the Trump administration, argues the court should allow immigration hearings to play out.

What's next:

Gunaydin is set to appear Tuesday morning virtually in immigration court and is expected to argue for his release.

UMN student arrested by ICE

The backstory:

Late last week, Gunaydin filed a lawsuit for his immediate release while the investigation plays out. In his lawsuit, Gunaydin says the arrest violated his rights, saying he was not given a reason for his arrest. Gunaydin said in his petition he thought he was being kidnapped when two plainclothes agents picked him up on the street.

Officials with the Department of Homeland Security say his visa was pulled due to a 2023 arrest for drunk driving. 

Gunaydin, 28, a master’s student at the Carlson School of Management who is originally from Turkey, was taken into custody by ICE officials on March 27. Court documents show Günaydın was arrested in the early morning hours of June 24, 2023, for erratic driving on Washington Avenue in Minneapolis.

The complaint against Günaydın states he blew a 0.17 blood-alcohol content about an hour after being stopped.

Gunaydin's status

What we know:

Günaydın's petition states he is in the United States on an F-1 nonimmigrant student visa. He graduated from St. Olaf College on a full scholarship before becoming a STEM MBA candidate at the Carlson School of Management.

In his filing, attorneys for Günaydın say he pleaded guilty in that DUI case but has maintained a full course load and high GPA as a graduate student at the university's Carlson School of Management. Aside from an earlier speeding ticket, Günaydın says he has not faced any other legal trouble.

In their arguments, attorneys for Günaydın said the drunk-driving arrest alone isn't enough to revoke his status as a student.

The Source: Monday's ruling came from a 19-page document in U.S. District Court.

ImmigrationUniversity of Minnesota