779 F.Supp.3d 919
S.D. Tex.2025Background
- Plaintiff Ahmad Beyhaqi, an Iranian national, is an active F-1 student visa holder pursuing a Ph.D. at Texas A&M University since August 2023.
- On April 10, 2025, Texas A&M notified Beyhaqi that his SEVIS record and F-1 visa were terminated due to a generic note regarding a criminal records check/visa revocation, with no specific details given.
- Beyhaqi was not afforded any notice or opportunity to respond to the allegations or termination.
- Beyhaqi filed suit against Kristi Noem (Secretary of DHS) and Todd Lyons (Acting Director of ICE), alleging due process violations and APA violations.
- Beyhaqi moved for a Temporary Restraining Order (TRO) to restore his F-1 status until the court resolved the dispute.
- The Court granted the TRO and set an expedited trial date.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Due Process Violation (5th Amend.) | Beyhaqi argues Defendants terminated his status without notice or a hearing, violating due process. | Not presented in order, but implied agency process follows regulations. | Court finds substantial likelihood of due process violation. |
| Arbitrary/Capricious Agency Action (APA) | Beyhaqi claims Defendants acted beyond statutory/regulatory authority and failed to give a valid reason. | Not detailed; likely asserts broad discretionary authority on termination. | Court finds action likely arbitrary, capricious, or not in accordance with law. |
| Irreparable Harm | Beyhaqi asserts loss of educational enrollment, economic hardship, risk of detention and deportation. | Not specified in detail. | Court finds risk of irreparable harm. |
| Balance of Harms/Public Interest | Plaintiff argues maintaining his status poses no harm to defendants and is in public interest. | Not specified. | Court finds equities and public interest favor injunction. |
Key Cases Cited
- Granny Goose Foods, Inc. v. Bhd. of Teamsters, 415 U.S. 423 (standard for TROs and preserving status quo)
- Zadvydas v. Davis, 533 U.S. 678 (due process protections apply to all persons in the US)
- Enrique Bernat F., S.A. v. Guadalajara, Inc., 210 F.3d 439 (elements for preliminary injunctive relief)
- Moore v. Brown, 868 F.3d 398 (discretion to grant or deny TRO)
- Winter v. Nat. Res. Def Council, 555 U.S. 7 (standard for irreparable harm)
- Board of Governors of the Fed. Reserve Sys. v. DLG Fin. Corp., 29 F.3d 993 (non-appealability of TROs)
- Kaepa, Inc. v. Achilles Corp., 76 F.3d 624 (court's discretion on security requirement for TRO)