Judge orders Marshall student’s F-1 visa restored
In a Wednesday, April 23 filing, Judge Robert Chambers issued a temporary restraining order restoring a Marshall student’s visa and barring his removal from the jurisdiction.
HUNTINGTON, W.Va. — Judge Robert C. Chambers of the Southern District of West Virginia issued a temporary restraining order Wednesday, April 23 allowing an Indian national to continue his graduate degree at Marshall University.
The case, filed April 18 by the American Civil Liberties Union of West Virginia, centers around Plaintiff S.V. whose student visa was revoked earlier this month by members of the Trump administration due to his identification in a “criminal records check.”
Secretary Kristi Noem, Department of Homeland Security, Acting Director Todd Lyons, U.S. Customs and Immigration Enforcement, and Attorney General Pam Bondi are named as Defendants.
Judge Chambers, appointed by President Bill Clinton in 1997, found that S.V. is likely to succeed in arguing his visa was revoked in violation of the Administrative Procedure Act and without his Fifth Amendment right to due process.
“The record before the Court suggests Defendants’ actions were not in compliance with [federal regulations] and were arbitrary, capricious, and an abuse of discretion, or otherwise not in accordance with the law,” Judge Chambers wrote in his order. “The record before the Court suggests that no conduct by [S.V.] constituted a status violation and none of the other circumstances which might justify a termination were present.”
In 2020, S.V. was charged with a misdemeanor, non-violent offense of operating under the influence in Indiana. He was sentenced to probation in September 2020. By January 2021, his probation was terminated early based on the recommendation of his probation officer.
S.V. disclosed this charge in 2023 when he applied for an F-1 student visa to study at Marshall University. He ultimately was granted that visa and was permitted to study in the United States.
In his order, Judge Chambers further argued that the termination of Plaintiff’s visa would cause irreparable harm and “comes at a crucial juncture in his progress toward his degree.”
S.V. is just three weeks from graduation, but his visa revocation and removal from the Student and Exchange Visitor Program (SEVIS) meant he could no longer attend in person classes and was at imminent threat of deportation.
Judge Chambers ordered the Defendants to restore S.V.’s visa and SEVIS status and process and award his “Employment Authorization Document.” As well, the Defendants are prohibited from “arresting, detaining, or transferring Plaintiff” out of the Southern District of West Virginia’s jurisdiction. The Defendants are ordered to submit a notice of compliance by noon on Friday.
This comes as more than 1,000 international students have seen their visas revoked for participating in protests or expressing support related to the ongoing Israel-Palestine war, or for minor traffic infractions.
Judge Chambers scheduled an expedited preliminary injunction hearing in the matter for Wednesday, May 7, 2025 in Huntington.