Isserdasani v. Noem (2025 Student Visa, Appea)
Legal Issues
Overview
Overview
The government appealed Judge Conley's preliminary injunction which prevents the removal of an international student who has his F-1 visa record removed from the SEVIS database.
The Issue
Issue
Whether the government may remove an international student's F-1 visa record from the SEVIS database without prior notice and an opportunity to be heard, and whether such removal violates due process protections.
The Rules
Rule
A preliminary injunction is warranted when a party demonstrates likelihood of success on the merits, irreparable harm absent relief, favorable balance of equities, and alignment with the public interest. Due process requires notice and an opportunity to be heard before the government takes action depriving a person of a protected interest in immigration status.
The Application
Analysis
The lower court found the student likely had valid due process claims, that removal from SEVIS would cause irreparable harm to his visa status and educational enrollment, and that the balance of equities favored maintaining the preliminary injunction pending full adjudication of the merits.
The Conclusion
Conclusion
The Seventh Circuit decided the government's appeal, reviewing whether the preliminary injunction preventing the student's removal from SEVIS was properly granted and should remain in effect.
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