A Brigham Young University student from Japan discovered that his visa was reinstated last week after it had been abruptly revoked a few weeks ago, his attorney told NBC News.
Suguru Onda, a doctoral student and father of five, had received a notice from government officials that his legal status was terminated because he was “identified in criminal records check and/or has had their VISA revoked.”
Adam Crayk, his attorney, told the NBC News affiliate KSL-TV in Salt Lake City that Onda has no record aside from a few speeding tickets and a fishing-related citation, and that he believes AI software likely mistakenly terminated the visa. But he’s been given little explanation for the reversal.
“I’m just grateful to be here,” Onda told KSL.
The State Department declined NBC News’ request for comment.
The Department of Homeland Security did not elaborate on Onda’s case “due to privacy concerns and visa confidentiality.”
“DHS, through ICE HSI, conducts regular reviews of records in the Student and Exchange Visitor Information System (SEVIS) to ensure visa holders remain in compliance with program requirements,” a senior DHS official said.
The attorney told KSL that he suspects officials are not thoroughly checking the names that are being pulled by the AI software.
DHS has created a task force that uses data analytic tools to scour the social media histories of international students, as well as criminal charges or records, three sources familiar with the operation told NBC News this month. Crayk said that BYU, in Provo, Utah, received an email about the reinstatement just minutes after Onda, a doctoral student who is a year away from finishing his degree in computer science, filed a lawsuit with several other international students in Utah against the Department of Homeland Security for terminating their statuses. They argue in the lawsuit that their due process and other Fifth Amendment rights were violated.
The reinstatement, however, came as a surprise, Crayk said, especially since no immigration officials had reached out.
“He is reinstated as if it was never revoked,” Crayk told KSL.
Onda, who’s been in the U.S. for roughly six years, had been given 15 days to return to Japan or face deportation. With little social media presence and no history of political activism, Onda was likely flagged, Crayk told the Deseret News, because of the 2019 catch-and-release fishing violation from a church outing. It was eventually dismissed.
“He didn’t catch a fish — but because he was the organizer or the face of the activity, [Onda] was cited for harvesting more than their license permitted,” Crayk told the News.
