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oakley prescription glasses Devyani Khobragade seeks dismissal of visa fraud case in US court
Posted by: HYnjhjbe358 (IP Logged)
Date: August 14, 2014 04:42PM

Devyani Khobragade seeks dismissal of visa fraud case in US court,[url=http://www.cheapoakley--sunglasses@#$%&/]cheap oakleys[/url]
Khobragade's lawyer Daniel Arshack submitted her reply,[url=]@#$%& outlet[/url], in a federal court here,[url=]air max[/url], to Manhattan federal prosecutor Preet Bharara's memorandum that had opposed her motion to dismiss the indictment.Khobragade was present in the US at the time the indictment was returned and "the state department's recognition of her diplomatic position with the Permanent Mission of India to the United Nations conferred diplomatic immunity upon her requiring that the entire 'proceeding or action' be dismissed,[url=http://www.hldressoutlet@#$%&/]herve leger[/url]," Arshack said in his 17 page motion filed late on Friday.He,[url=http://www.pradahandbagsshoes@#$%&/]prada bags[/url], however,[url=]rayban[/url], acknowledged that the prosecution is not prevented from prosecuting Khobragade in future but insisted that the current case against her be dismissed since she had diplomatic immunity when the indictment was filed.Arshack's motion comes a week after Bharara submitted a US state department declaration that Khobragade did not enjoy immunity from arrest or detention at the time of her arrest and she does not presently enjoy immunity from prosecution for the crimes charged in the indictment.Arshack said the indictment must be dismissed because the immunity bestowed upon Khobragade "applied retroactively".The court could now order to hear arguments on the motions.Khobragade,[url=http://www.outletonline-burberry@#$%&/]burberry sale[/url], 39,[url=http://www.truereligionoutletfactory@#$%&/]true religion outlet store[/url], was arrested on December 12 on visa fraud charges,[url=http://www.gucciscarpe@#$%&/]gucci[/url], strip searched and held with criminals,[url=]mulberry[/url], triggering a row between the two countries with India retaliating by downgrading privileges of certain category of US diplomats among other steps.Khobragade was indicted on visa fraud and making false statements by a US grand jury. She returned to India after she was asked to leave the US by the state department.Arshack said the "pertinent" facts in the case are that Khobragade was given full diplomatic status by the department of state at 5:47pm (local time) on January 8 when it approved her appointment as counsellor to the Permanent Mission of India to the UN.The grand jury returned the indictment on January 9 "after she was already cloaked with diplomatic immunity"."It is acknowledged that the prosecution is not forever precluded from prosecuting the defendant. Our application is only that this proceeding must be dismissed. The prosecution is clearly legally able to seek a new indictment at this time or at some point in the future now that Khobragade no longer possesses such diplomatic status and immunity,[url=http://www.niketnrequinfr@#$%&/]tn @#$%&[/url], but it may not proceed further with this case,[url=]oakley[/url]," Arshack said.He said in accordance with the Vienna Convention on Diplomatic Relations,[url=]@#$%& air[/url], the case should have been dismissed on January 9,[url=http://www.insanityworkouts-calendar@#$%&/]insanity workout schedule[/url], because Khobragade did not become a "former" diplomat until later that evening when she left the country."The proceeding must be dismissed for lack of jurisdiction because at the time the indictment was issued,[url=]@#$%& @#$%&[/url], the US did not have criminal jurisdiction over Khobragade,[url=]ray-ban sunglasses[/url]," he said.

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