Federal court revives lawsuit against US government over fake university scam
economictimes.indiatimes.comvisa fraud.
According to a Reuters reports,the three-judge panel unanimously determined that the US Department of Homeland Security (DHS) is not immune from the 2020 lawsuit, as it had entered into contracts with the students to provide educational services.
The lawsuit's lead plaintiff, Teja Ravi from India, claims he paid $12,500 to enroll at the "University of Farmington" in Michigan, an institution set up by U.S. Immigration and Customs Enforcement (ICE), a division of DHS, in 2016 to entrap illegal visa brokers. According to DHS, Ravi and others paid the school for fraudulent immigration documents. Ravi allegedly left the United States before DHS could arrest him.
This recent ruling overturns a prior decision by a US Court of Federal Claims judge, who had concluded that DHS was protected from Ravi's lawsuit due to its sovereign capacity during the investigation. However, Circuit Judge Richard Taranto, writing for the appeals court, stated that DHS engaged in commercial activity by offering educational services, making the lawsuit a fitting example of the type of contract cases that Congress allows against the government.
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«The government engaged in the sale of services such as private parties could also engage in among themselves,» Taranto noted. The Federal Circuit, based in Washington, DC, handles appeals in cases seeking monetary damages from the federal government. Judges Alan Lourie and Alvin Schall joined Taranto on the panel.
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