Q: Advice on Motion for Re-Entry after being victimized in Texas and deported unlawfully.

I, Nitesh Bhandari, a Nepali student, was on an F-1 visa in the U.S. since August 2024. While in Texas, I was a victim of serious crimes, including banking fraud where individuals hacked my accounts, drugging, staging a fake drug test, and receiving threats at the Dallas airport, leading to my forced departure. I am now unlawfully deported and stuck in Kathmandu. I am preparing a Motion for Re-Entry to SDNY and need legal advice on how to present my case effectively, given I haven't been able to report these incidents to U.S. authorities yet. What steps can I take to document my case and appeal for re-entry effectively?

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James L. Arrasmith
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Answered

A: First, immediately create a detailed timeline of every event, clearly documenting dates, locations, persons involved, and what exactly occurred. Attach any available evidence such as emails, banking records showing fraudulent activity, text messages, or medical reports related to being drugged. If evidence is sparse, gather sworn affidavits from witnesses who observed any aspect of your victimization, even indirectly.

Next, contact the nearest U.S. Embassy in Kathmandu to officially report the crimes you've endured, explaining your circumstances thoroughly and requesting their assistance or referrals to appropriate U.S. law enforcement channels. Reporting these crimes to the FBI or Department of Homeland Security through online portals or by phone can provide further official documentation essential to your motion. Keep records of all communications with these authorities, as it reinforces your credibility and establishes your effort to seek justice.

Finally, structure your Motion for Re-Entry to highlight that your deportation resulted directly from criminal victimization rather than immigration violations. Clearly emphasize your status as a crime victim, referencing eligibility under protections such as the U Visa, which provides relief for victims of crimes in the United States who cooperate with law enforcement. Stress your desire and readiness to fully cooperate with U.S. authorities in any criminal investigation.

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