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January 14, 2014 AT 12:36 PM
A lawyer for Indian diplomat Devyani Khobragade on Tuesday asked a U.S. judge to throw out immigration and employment charges against her that led to a major diplomatic spat between the United States and India. The lawyer, Daniel Arshack, argued that Khobragade's diplomatic status, granted by the State Department last week as part of a deal allowing her to leave the country, gave her absolute immunity from prosecution, even for incidents that allegedly occurred before her accreditation. In his motion on Tuesday, Arshack said the State Department's own guidance for law enforcement agencies states that immunity extends to incidents that occurred prior to the granting of that immunity.