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Harsono remains in detainment for another month

MARSHALL — Marshall resident Aditya Harsono will remain in U.S. Immigration and Customs Enforcement (ICE) custody for at least another month after an immigration judge again denied the motion to terminate his case on Thursday in a court hearing.

Harsono, 34 years old and originally from Indonesia, will stay at the Kandiyohi County Jail in Willmar until his next hearing on May 29.

“Immigration Judge Sarah Mazzie denied our attorney’s request to reconsider terminating Aditya’s case, in light of us requesting USCIS to expedite his I-130 petition, receiving his I-485 (green card) receipt, and an appointment notice for May 5th at noon in Sioux Falls for a Biometrics appointment for his I-485,” Harsono’s wife, Peyton Harsono, said on a public GoFundMe page.

Aditya originally had a pending spousal green card I-130 application, submitted in June 2024.

Peyton noted the uncertainty of what his detainment means for Aditya’s upcoming appointment, saying “If he misses this appointment, it could result in denial of his green card or be considered abandonment of his application.”

Mazzie ultimately denied the motion after coming to a conclusion she didn’t have the authority to terminate the Department of Homeland Security’s reasons to revoke Aditya’s visa. However, she granted a continuance that will allow Aditya’s lawyer, Sarah Gad, more time to work on the case.

According to Hannah Yang at MPR News, who was in attendance of Thursday’s hearing, Mazzie said, “It’s not within my purview to weigh in on the legality or the permissiveness of the Department of State’s decision to revoke the respondent’s visa. That’s strictly within the purview of the federal district courts.”

Aditya is currently in immigration court.

According to MPR News, Mazzie also said, “The most hefty factor is that the respondent is detained at government expense. My termination of the case would be inappropriate.”

“While the judge stated she lacks the authority to review the Department of Homeland Security’s decision to revoke Aditya’s visa, the granted continuance provides an opportunity to strengthen our case,” Peyton wrote.

Aditya was originally arrested by ICE agents without warning on March 27, four days after having his student visa revoked.

According to Gad in an email to the Independent in April, “At the time (of Aditya’s arrest), he was working legally under OPT, which he obtained after successfully completing his educational program as an F-1 student.”

Aditya was working as a supply chain manager under the Optional Practical Training program (OPT), which allows international students a period of authorized stay following graduation to work in the field.

Aditya’s visa was originally revoked due to a 2022 misdemeanor charge for graffiti vandalization on local semi-trailers, and was arrested days later for overstaying his visa that was revoked.

“Aditya’s lawyer, Sarah Gad, contends that his arrest and visa revocation were unlawful and is preparing new legal arguments to present to the court,” Peyton said. “He will continue to remain separated from our young daughter, Adalet and I.”

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