Suguru Onda is a Japanese doctorate student at Brigham Young University (BYU). His visa was recently restored after being revoked earlier this month. Onda is currently working toward his bachelor’s degree in computer science. Before him lies a difficult task that he needs to accomplish in short order, or he may find himself back in Japan within a mere 15 days. His visa was canceled after an alleged criminal violation was discovered during a secondary criminal records check. Yet, the only major legal trouble he had was a collection of minor speeding tickets and one fishing citation.
Onda has enjoyed living in the United States for almost six years. He was deeply rattled by the unforeseen surprise withdrawal of his visa. This was the first communication he had ever received from immigration authorities regarding the termination of his legal status. His only violation on record is a minor one pertaining to fishing. He had no fish of his own in possession; he was only cited because he arranged for the illegal activity to occur, leading to an over-limit organizing type citation.
“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,” – Adam Crayk, Onda’s attorney.
In response to the visa revocation, Onda, alongside several other international students in Utah, filed a lawsuit against the Department of Homeland Security. Their due process rights and other protections under the Fifth Amendment were violated, the lawsuit contends. Onda’s attorney Adam Crayk emphasized the case’s importance. He’s committed to continuing to defend the rights of international students subjected to wrongful administrative action.
Crayk said he experienced elation when Onda was readmitted to BYU. This decision did the opposite, creating the false appearance that the visa had never been revoked.
“He is reinstated as if it was never revoked.” – Adam Crayk.
As Onda’s case clearly demonstrates, real systemic issues with the treatment of international students plague the U.S. education system. For thousands of students, their visas are not only their study permit; it is what is keeping them and their loved ones back home, afloat. Onda seems to be as equally hell-bent on achieving his goals academically. He supports a family of five children, which makes his plight all the more acute.
While the suit was pending, in a sudden and surprising turn of events, immigration officials reinstated Onda’s status as an active student. This reinstatement occurred without any prior notice or outreach in advance of the lawsuit being filed. This invites scrutiny over how visa terminations are processed as well as the ongoing and subsequent communications sent to impacted individuals.