Khobragade returned to India last week after the US State Department accorded her full diplomatic immunity and asked her to depart from the US when India refused to waive that immunity.
Khobragade, the former deputy Consul General at the Indian Consulate, is seeking dismissal of the charges of visa fraud and making false statements, arguing that she was "cloaked" in diplomatic immunity and cannot face criminal prosecution in the US.
Arshack argued that conditions of Khobragade's post-arrest release and the USD 250,000 bond must be rescinded as those restrictions on Khobragade's liberty do not apply since she is "absolutely immune from criminal prosecution" being a diplomat.
He has also sought "prompt return" of Khobragade's passport.