U.S. Federal Judge Calls Out Unlawful Cancellation of F-1 Visa of an Indian Student

Last Friday, a U.S. federal judge ruled that the cancellation of an Indian student’s F-1 visa was unlawful. The case has spotlighted controversial enforcement tactics that target minor past conduct. Due to debates around U.S. visa policy, the case has already gained a sensational status.

As always, a case like this could hardly escape the radar of our EB-1A consultants. And, here, we have presented a clear overview of the case and its significance in the broader immigration landscape.

Who was the affected party & what was the case?

Akshar Patel, an Indian national studying in the U.S. on an F-1 student visa, is the defendant in the case. He was enrolled at the University of Wisconsin–Milwaukee. In early 2025, Patel’s legal status was abruptly terminated by ICE after the agency flagged a dismissed traffic citation from 2016. Despite the fact that the case was fully dismissed and that Patel had no criminal convictions, ICE moved to terminate his SEVIS (Student and Exchange Visitor Information System) record. This action would effectively strip him of his legal status and expose him to potential removal proceedings.

Interestingly, Patel had no prior criminal record. The sole incident that comes close to it is the 2018 traffic case that was completely dismissed.

The case & the aftermath

The case was heard by Ana C. Reyes, who sharply criticized the agency’s actions. The ruling described the decision to revoke Patel’s status as “arbitrary and capricious.” In her final ruling issued on February 27, 2026, the judge concluded that the responsible authority had violated both the Administrative Procedure Act and basic due process protections guaranteed under U.S. law. In a nutshell, the court made it clear that there was no lawful basis to terminate Patel’s student status, particularly given the absence of any conviction or evidence that he posed a risk to public safety.

Moreover, the judge rebuffed the government’s attempt to dismiss the lawsuit after ICE quietly restored Patel’s SEVIS record early in the litigation. In this context, she argued that simply reinstating the status did not erase the legal harm already done. The court also addressed the overall merits of the agency’s conduct. The decision raises an important question about the agency’s appropriation of dismissed and minor infractions to cancel someone’s legal status.

The backdrop of the cancellation

ICE’s actions came against the backdrop of its “Student Criminal Alien Initiative,” a program launched in early 2025. As part of the program, roughly 1.3 million international student records were screened against federal criminal databases. Under such a landslide of review, even dismissed or minor cases (including citations and arrests that did not result in convictions) were used as triggers for status termination. Patel is one individual among many other students with lawful status who almost faced the brink of cancellation owing to something similarly minor in the past.

At GCEB1, our EB-1A experts stay updated on all the latest twists and turns in the U.S. immigration landscape. Stay tuned to our blog section to get all the latest updates on the latest immigration policies and rulings. We wish you a safe and stress-free immigration journey.

Sources & Further Readings

1. “ICE Unlawfully Cancelled Indian Student’s F-1 Visa, US Judge Rules."Business Standard. March 4, 2026.
2. “Understanding Recent International Student Visa Revocations and Apprehensions: Guidance for Colleges & Universities." Presidents’ Alliance on Higher Education and Immigration. May 2025.