Immigrant's Ex Sets Up Fake Escort Profile? INS Investigates - The New York Personal Injury Law Blog

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Immigrant's Ex Sets Up Fake Escort Profile? INS Investigates

If there is one thing that the Immigration and Naturalization Service hates, it's recent immigrants that turn to crime. So, when they hear a tip that a young Russian female immigrant is advertising her "touchy breasts" and "medium frame" on an escort site (for only $200 to $600 per hour), they are sure to investigate. Of course, should they find evidence of illegal activity, there's a good chance that her visa will be revoked and she'll be sent back home.

Ruzilya Khusnutdinova, 24, does not want to go home. She also does not engage in prostitution. According to Khusnutdinova, her ex-boyfriend created the profile as revenge and then tipped off INS. The numerous nude and semi-nude photos were taken during a romantic trip to Lake George in 2010. Their relationship ended in 2011. She's now suing him for $16 million, reports the Daily News. Among her claims for relief are emotional distress, defamation, and constitutional violations.

Some of you are cynical. You’re thinking that she’s only making this up now because she was caught and doesn’t want to be deported. Her ex-boyfriend claims the same, “She told me she was working for an escort service. Maybe she’s blaming me just to get out of it,” Vladimir Dranovsky told the Daily News.

This isn’t the couple’s first legal dispute, however. Shortly after the break-up, he was charged with grand larceny after he refused to return her passport until she forked over $4,000. He pled guilty to a lesser charge in February.

The emotional distress and constitutional violation claims are interesting. In order to succeed on an emotional distress claim in New York, there has to be extreme and outrageous conduct that leads to severe emotional distress and typically at least one physical symptom, such as ulcers from the stress. Assuming that she’s telling the truth, a fake escort profile would qualify as extreme and outrageous, and the resulting INS investigation would almost certainly cause emotional distress. But are there physical symptoms of distress?

As for constitutional violations, these are typically brought against those acting under the color of law or legal authority, such as police officers beating and silencing protestors, or against discriminatory employers. It really would be interesting to see what constitutional violation could apply to an ex-boyfriend posting dirty images on the Internet.

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