Yogesh Chandaben Dabhi, a 32‑year‑old engineer from Bangalore, filed a petition in the U.S. District Court for the Southern District of New York on 12 July 2026 after the Department of Homeland Security (DHS) detained him at the Delhi airport as an “alien” trying to re‑enter the country.
In its reply, DHS produced two court convictions dated 2019 and 2021, each carrying a prison term of 3½ years, for fraud and possession of stolen documents. The agency argued that the convictions made Dabhi inadmissible under the Immigration and Nationality Act, thereby justifying his detention.
The judge, hearing the case in September, cited 8 USC §1225(b)(2)(A) to confirm that a lawful permanent resident who has committed serious offenses can be treated as an applicant for admission and held in mandatory detention while the immigration proceeding continues.
Dabhi’s request for release was denied and the case was dismissed with prejudice. The ruling signals that green‑card holders with serious criminal histories can be detained upon return, even if they admit the convictions, and that courts will defer to DHS’s assessment under the statute.
For Dabhi, the decision means his wife and two‑year‑old son, whom he had left in India for a new job, will remain stranded until a new hearing, if any, is scheduled. The case is now on the docket of the 2nd U.S. Circuit Court of Appeals, where the DHS has asked for a stay of the dismissal.