Judge Grants Immigration Bail for Petrova but Custody Continues

Federal District Court Judge Christina Reiss granted immigration bail for Kseniia Petrova, a Russian-born Harvard Medical School researcher, and issued a declaratory judgement that Customs and Border Patrol acted unlawfully.

CBP detained Petrova at Boston Logan Airport in February for failure to declare preserved frog embryos she was bringing from France for her research and revoked her visa. Immigration and Customs Enforcement transferred her from detention in Vermont to Louisiana, a jurisdiction where the Circuit Court of Appeals is harshly conservative.

Reiss found “clear and convincing evidence” that Petrova was not a security danger or a flight risk, and questioned CBP authority to revoke a visa over a customs issue. Reiss said Petrova had been held too long without review by a court.

Reiss’ decision only releases Petrova from immigration custody the Louisiana detention center. It does not release her entirely and does not prevent her from being deported to Russia, where she has a credible fear of harm for her criticism of Putin’s invasion of Ukraine.

Two weeks ago the government complicated her immigration case by filing criminal smuggling charges against her in Massachusetts. That put her into criminal custody. ICE filed paperwork that allows them to detain her again for deportation proceedings if she is granted bail in the criminal case.

Reiss denied a request preemptively prohibit ICE from re-detaining Petrova, saying she will rely on the government to stick to its word that it currently has no intention to arrest Petrova again if she is released from federal detention. Reiss said Petrova’s immigration detention case will remain in Vermont.

Petrova will be allowed to update her petition in light of the changes in her situation.

Reiss expressed concern that Petrova may not have a reasonable way to challenge what is being done to her by the government. “It was the government that revoked her visa. And it’s essentially saying, ‘We revoked your visa, now you have no documentation, and now we’re going to place you in removal proceedings.’”

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