A long-standing lawful permanent resident and special-needs public school teacher, who was taken into custody by immigration authorities despite the formal termination of a prior removal case, could soon be granted a bond hearing. This development follows a filing by the federal government acknowledging that recent court precedent entitles her to such a review.
Venkata Narsamamba Vasamsetty, who has held a green card since 2013 and lived legally in the United States for over 27 years, was detained by U.S. Immigration and Customs Enforcement (ICE) on August 11 during a scheduled check-in in Charlotte, North Carolina. The following day, her legal team filed an emergency habeas corpus petition in the U.S. District Court for the Middle District of Georgia to contest the legal grounds of her imprisonment.
Government Response and Court Precedent:
In responding to the petition, the government cited a recent ruling from the same federal court B.A.M.A. v. Warden and conceded that adhering to its recent precedents would classify Vasamsetty as detained under 8 U.S.C. § 1226(a). This classification qualifies her for a bond hearing before an immigration court. As noted by attorney Helen Parsonage, the government requested the court to issue a standard directive for the hearing, indicating it would occur within seven days of an official court order.
While this marks a step forward, it does not guarantee release. A federal judge must first approve the order, after which an immigration judge will evaluate whether Vasamsetty can be released on bond and determine the applicable conditions.
Background on the Immigration Dispute:
Vasamsetty’s legal troubles began in July 2012 when she traveled to India to visit her critically ill elderly parents. According to immigration attorney Zoe Ji Wilson, Vasamsetty contracted COVID-19 while abroad, requiring a two-week hospital stay that delayed her return until February 2023 leaving her outside the U.S. for approximately seven months.
Upon her return, U.S. Customs and Border Protection alleged she had abandoned her permanent residency and initiated removal proceedings. Vasamsetty contested the claim, providing evidence that her trip was temporary and that her primary residence remained in the United States, including completing the purchase of a North Carolina home while abroad. Because the Department of Homeland Security (DHS) missed a submission deadline, the presiding immigration judge terminated the proceedings due to the agency’s failure to establish removability, subsequently denying a request by DHS to accept late filings.
The ICE Check-In and Detention Details:
Despite the dismissal of her case, Vasamsetty maintained mandatory periodic check-ins with ICE. During a routine appointment at the Charlotte ICE office on August 11, officers handcuffed and detained her without prior warning. Wilson noted that Vasamsetty suffers from severe diabetes and was taken into custody without her necessary insulin and medical supplies.
Furthermore, immigration authorities reportedly issued a new Notice to Appear basing removal on the exact same February 2023 return only after she was already detained. Following her initial detention, she was transferred to the Irwin County Detention Center in Ocilla, Georgia, and later moved to Lumpkin, Georgia.
Looking Ahead:
Described by her advocates as a dedicated educator, mother, and grandmother with zero criminal background, Vasamsetty awaits the next move from the federal court. If the court issues the requested order, she is slated to receive an immigration bond hearing within a week, bringing her closer to potential freedom while the broader legal battle continues.
