An immigration judge in Georgia ruled Tuesday that Venkata Vasamsetty can be released from federal custody on a $7,500 bond after spending more than two weeks in an ICE detention facility.
Vasamsetty, a lawful permanent U.S. resident, was detained Aug. 11 during an ICE check-in in Charlotte.
During Tuesday's bond hearing, Department of Homeland Security attorney Abby Cannon acknowledged that Vasamsetty is not a danger to the community but argued that she poses a significant flight risk.
The government cited Vasamsetty's travel history between the United States and India, telling the judge that she spent 61 days in the United States in 2019, 96 days in 2021 and 67 days in 2022.
DHS argued that her time abroad raises questions about whether she maintained her permanent residency and demonstrates an ability to leave the country again.
Vasamsetty's attorney, Helen Parsonage, disputed those claims, arguing that her client's trips to India were largely related to caring for her aging parents, including her father before his death.
Parsonage also argued that Vasamsetty's record shows she is unlikely to flee. She told the court that Vasamsetty has never missed an immigration court appearance or ICE check-in, including reporting to ICE after an earlier removal case against her had been terminated.
Judge Chad Bayse agreed that Vasamsetty's history of compliance weighed heavily in the decision. He found that DHS had not met its burden of proving that she would flee if released.
In his ruling, Bayse pointed to Vasamsetty's long-standing ties to the United States, including her husband, two U.S.-citizen daughters, grandchildren, a home, tax returns dating back to at least 2012, business ties and her work as an elementary school substitute teacher.
Her attorney also noted that she has no criminal history. The judge did find that some flight risk exists because Vasamsetty has the resources and history to travel internationally.
As a result, he denied a request for the minimum bond and instead set bail at $7,500.
Under the terms of her release, Vasamsetty must appear at all future court dates, comply with court orders and avoid arrests, illegal drugs and harmful contact with others. Wake County Public School System records provided to ABC11 show Vasamsetty remains an active employee.
The records list her as a substitute teacher hired June 12, 2023, and show her current employment status as active.
The ruling allows Vasamsetty to leave detention, but it does not resolve the underlying dispute over her immigration status. DHS continues to argue that she abandoned her permanent residency through extended time outside the United States.
Her attorney disputes that claim, arguing that Vasamsetty maintained her home, family, taxes, employment and other ties in the United States and always intended to return.
DHS has the right to appeal the bond decision. The judge set a Sept. 24 deadline for the government to do so.
Vasamsetty's family is working to post bond as they await her release from the Georgia detention center and her return home to Cary.