1:25-cv-00080•Villar Castellanos et al v. Noem et al
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Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS BROWNSVILLE DIVISION HUGO ADRIAN VILLAR § CASTELLANOS, et al., § Plaintiffs, § § v. § CIVIL ACTION NO. 1:25-cv-080 § KRISTI NOEM, et al., § Defendants. § REPORT AND RECOMMENDATION GRANTING DEFENDANTS’ MOTION TO DISMISS (Dkt. No. 41) I. Synopsis Plaintiffs are international students studying in the United States on F-1 visas. Due to a policy change, Defendants called into question Plaintiffs’ international student status by terminating their SEVIS record which is required for F-1 visa compliance. Shortly thereafter, the Defendants canceled the SEVIS terminations. There are two issues before the Court. First, whether there is an actual controversy left for this Court to review since Plaintiffs’ rights were restored; and second, whether Plaintiffs face future harm which warrants enjoining the Defendants from terminating the records again. The Defendants claim Plaintiffs’ rights have been restored and therefore this lawsuit is moot. This Court agrees the litigation is moot. Plaintiffs argue there is continued harm to them as their visas could be canceled again. This Court finds their argument speculative. II. Jurisdiction Plaintiffs Hugo Adrian Villar Castellanos, Shishir Timilsena, Amir Gholami, Julio Dylan Sanchez Wong, and Mayra Alejandra Varela Varga (collectively “Plaintiffs”) claim this Court has jurisdiction over this action because (1) the case presents a federal question under 28 U.S.C. §1331; (2) the case involves a federal defendant under 28 U.S.C. §1346(b); (3) federal courts have the right to review agency action where no statute precludes judicial review or where agency action is not committed to agency discretion by law under 5 U.S.C. §701, et seq.; and (4) the Court has the authority to issue a declaratory judgment in a case of actual controversy within its jurisdiction United States District Court Southern District of Texas ENTERED January 08, 2026 Nathan Ochsner, Clerk Case 1:25-cv-00080 Document 46 Filed 01/08/26 in TXSD Page 1 of 12
Page 2 of 12 under 28 U.S.C. §2201-2. Defendants Kristi Noem in her official capacity as Secretary of Homeland Security, the Department of Homeland Security, and Todd Lyons in his official capacity as Acting Director of U.S. Immigration and Customs Enforcement (collectively “Defendants”) move to dismiss the complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Defendants argue this court lacks subject matter jurisdiction. As a threshold matter, the Court must consider its power to decide Plaintiffs’ case because “[j]urisdiction is always first.” Louisiana v. U.S. Dep't of Energy, 90 F.4th 461, 466 (5th Cir. 2024). Additionally, the “federal courts are under an independent obligation to examine their own jurisdiction.” United States v. Hays, 515 U.S. 737 (1995); see also United States v. Pedroza-Rocha, 933 F.3d 490, 493 (5th Cir. 2019) (citing Bass v. Denney, 171 F.3d 1016, 1021 (5th Cir. 1999)). Further, federal courts are courts of limited jurisdiction. Exxon Mobile Corp. v. Allapattah Servs., 545 U.S. 546, 552 (2005); People's Nat'l Bank v. Off. of the Comptroller of the Currency of the U.S., 362 F.3d 333, 336 (5th Cir. 2004). Federal courts lack the power to adjudicate claims unless jurisdiction is conferred through statute or the Constitution. Exxon Mobile, 545 U.S. at 552; People's Nat'l Bank, 362 F.3d at 336. Whether Plaintiffs have presented an actual case or controversy concerns determining the Court’s subject matter jurisdiction. In its analysis below, the Court finds that Plaintiffs have not presented an actual case or controversy. Accordingly, the Court finds it does not have the subject matter jurisdiction necessary to entertain Plaintiffs’ complaint. III. Venue Venue is proper in the Southern District of Texas, Brownsville Division because a substantial portion of alleged events giving rise to this lawsuit occurred in this geographical jurisdiction. 28 U.S.C. §1391(b)(2) (noting that a civil action may be brought in the judicial district where “a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated”). All Plaintiffs were enrolled at the University of Texas Rio Grande Valley (“UTRGV”), an institution with campuses in Brownsville, Harlingen and Edinburg, Texas. Dkt. No. 5, p. 1. Case 1:25-cv-00080 Document 46 Filed 01/08/26 in TXSD Page 2 of 12
Page 3 of 12 IV. Background a. Factual History This case involves an attempt to change the legal status of a group nonimmigrant students studying in the United States. Plaintiffs are permitted to enroll in government approved academic institutions as noncitizens, gaining access to the United States through an F-1 non-immigrant student visa issued by the U. S. Department of State. See 8 U.S.C. § 1101(a)(15)(F)(i). Upon gaining entry with an F-1 visa, Plaintiffs as international students are permitted to remain in the United States for a specific period if they continue to meet the requirements governing their visa classification. See 8 C.F.R. § 214.2(f). Plaintiffs must follow the visa regulations and are subject to termination by the Department of Homeland Security (“DHS”). Termination of the F-1 visa is governed by 8 C.F.R. § 214.1(d) when a previously granted waiver is revoked, a private bill to confer lawful permanent residence is introduced in Congress or DHS publishes a notification in the Federal Register identifying national security, diplomatic or public safety reasons for termination. Pursuant to 8 U.S.C. § 1372, the Attorney General has the congressional mandate to “develop and conduct a program to collect from approved institution of higher education . . . information . . . with respect to aliens who . . . have the status, or are applying for the status, of nonimmigrants under subparagraph (F). . . .” 8 U.S.C. § 1372(a)(1)(A). The information collected includes information such as the alien’s “identity and current address in the United States. . . .” 8 U.S.C. § 1372(c)(1)(A). The statute provides for more information to be collected “in the case of a student at an approved institution of higher education,” such as the current academic status of the alien, and any disciplinary action taken by the institution, and the date of enrollment “in . . . a designated exchange visitor program.” 8 U.S.C. § 1372(c)(1)(A)-(F). Pursuant to 6 U.S.C. § 252(a)(4), U.S. Immigration and Customs Enforcement is “responsible for administering the program to collect information relating to nonimmigrant foreign students . . . including the Student and Exchange Visitor Information System established under that section. . . .” The Department of Homeland Security, through the United States Citizenship and Immigration Services and the Student Exchange Visitor Program (SEVP), use the Student and Exchange Visitor Information System (SEVIS) to track international student’s compliance with their F-1 visa status. Case 1:25-cv-00080 Document 46 Filed 01/08/26 in TXSD Page 3 of 12
Page 4 of 12 Plaintiff Hugo Adrian Villar Castellanos is an international student from Mexico enrolled in a doctoral program in physics at UTGRV. Dkt. No. 5, p. 6. Plaintiff Shishir Timilsena is an international student from India enrolled in a doctoral program in physics at UTGRV. Id. at 6-7. Plaintiff Amir Gholami is an international student from Iran enrolled in a doctoral program in finance at UTRGV. Id. at 7. Plaintiff Julio Dylan Sanchez Wong is an international student from Mexico enrolled in a bachelor’s program in computer sciences at UTRGV. Id. Plaintiff Mayra Alejandra Varela Vargas is an international student from Mexico enrolled in a bachelor’s program at UTGRV. Id. at 7-8. Plaintiffs have F-1 student visa status. Id. at 1. Defendants terminated Plaintiffs’ SEVIS record (the record required to be active to track their visa compliance) between April 7 and 10, 2025. Id. at 6-8. DHS marked Plaintiffs’ SEVIS record as “OTHER-Individual identified in criminal records and/or has had their VISA revoked.” Id. at 2. Defendants restored Plaintiffs’ SEVIS records retroactively as active between April 24 and 26, 2025. Dkt No. 30, p. 2. b. Procedural History On April 15, 2025, Plaintiffs filed their initial complaint against Defendants alleging unlawful termination of their status to remain in the United States as international students. Dkt. No. 1. The complaint was subsequently amended but remained largely the same in form and substance. Dkt. No. 5. Plaintiffs also pursued emergency injunctive relief with the District Court. Dkt. No. 11. After the Government informed the Court that Plaintiffs’ SEVIS status was restored, on May 12, 2025, United States District Judge Fernando Rodriguez Jr. ordered SEVP, the Student Exchange Visitor Program, to “add a notation into the SEVIS record for each Plaintiff, indicating that each Plaintiff’s SEVIS record has been restored to ‘Active,’ retroactive to the date of the termination.” Id. Defendants were also ordered to file under seal “a Notice confirming compliance with this Order, attaching screen shots of the SEVIS records with the required notation.” Id. Defendants timely complied with the Court order. Dkt. No. 30. Case 1:25-cv-00080 Document 46 Filed 01/08/26 in TXSD Page 4 of 12
Page 5 of 12 On June 16, 2025, Defendants filed a Motion to Dismiss Plaintiffs’ First Amended Complaint. Dkt. No. 41. In that Motion, Defendants argue that “most of the relief sought by Plaintiffs has already been addressed by the Court.” Id. at 1, 4. Defendants also argue that “Plaintiffs lack standing to seek additional relief, due to lack of redressability.” Id. at 1. Lastly, Defendants request the Court “exercise its discretion to dismiss Plaintiff’s declaratory claim.” Id. In “Plaintiffs’ Response to Defendants’ Motion to Dismiss,” Plaintiffs argue the Court retains jurisdiction to review Plaintiffs’ claims of an unlawful agency action, due process violations and needed declaratory relief. Dkt. No. 43. Defendants replied and maintained that Plaintiffs received the relief sought or that the requested relief is not redressable by the Court. Dkt. No. 44. The Court stayed discovery until resolution of Defendants’ Motion to Dismiss. Dkt. No. 45. c. Plaintiffs’ Causes of Action Plaintiffs assert five causes of action in their amended complaint. Dkt. No. 5. The first four are: (1) the unauthorized termination of their SEVIS status violates the Sec. 706(a)(2)(A), (C- D) of the APA, id. at 23-24; (2) “The failure to provide notice of the facts that formed the basis for the SEVIS termination is a violation of [procedural] due process under the Fifth Amendment[,]” id. at 24-25; (3) Defendants violated Sec. 706(a) of the APA because Defendants failed to provide notice of the facts that formed the basis for the SEVIS termination which is a violation of due process under the Fifth Amendment, and, therefore, contrary to a constitutional right, id. at 25; and (4) Defendants violated Sec. 706(a)(2)(A) of the APA because Defendants’ actions are arbitrary and capricious, id. at 25-26. Plaintiffs’ last cause of action is subtitled “Fifth Cause of Action,” “Administrative Procedure Act (Injunctive Relief).” Id. at 26. Plaintiffs state: “Under §705 of the APA, ‘an agency may postpone the effective date of action taken by it. ‘The reviewing Court to the extent necessary to prevent irreparable injury’ ‘may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings.’” Case 1:25-cv-00080 Document 46 Filed 01/08/26 in TXSD Page 5 of 12
Page 6 of 12 Id. 26. The Court construes this as a claim alleging that the agency could review its decision restoring Plaintiffs’ SEVIS records to “Active” in the future, or that the agency could terminate Plaintiffs’ SEVIS records again. Additionally, given Plaintiffs’ request for injunctive relief in its subtitle, the Court construes this claim more specifically as a declaratory request to enjoin Defendants from making a policy change affecting Plaintiffs’ F-1 status. V. Standard of Review Article III of the U.S. Constitution extends “[t]he judicial Power” to “Cases” and “Controversies.” U.S. Const. art. III. For this reason, the U.S. Supreme Court has “repeatedly held that an ‘actual controversy’ must exist not only ‘at the time the complaint is filed,’ but through ‘all stages’ of the litigation.” Already, LLC v. Nike, Inc., 568 U.S. 85, 90–91 (2013) (citation omitted). Changes in circumstances throughout the litigation can “eliminate[] the ‘actual controversy’.” Ctr. for Individual Freedom v. Carmouche, 449 F.3d 655, 661 (5th Cir. 2006). If the actual controversy is eliminated, then “the case becomes moot.” Id. The Fifth Circuit Court of Appeals has described the mootness doctrine as follows: [A] case is moot when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome. Powell v. McCormack, 395 U.S. 486, 496 (1969). In other words, mootness occurs only when it is “impossible for the court to grant ‘any effectual relief whatever’ to a prevailing party.” Church of Scientology of Cal. v. United States, 506 U.S. 9, 12, (1992) (citation omitted). “Thus, when ‘a complaining party manages to secure outside of litigation all the relief he might have won in it,’ the case is moot.” But “[a]s long as the parties have a concrete interest, however small, in the outcome of the litigation, the case is not moot.” A defendant, however, “cannot automatically moot a case simply by ending its unlawful conduct once sued.” Already, LLC v. Nike, Inc., 568 U.S. 85, 91. The “voluntary cessation of allegedly illegal conduct does not deprive the tribunal of power to hear and determine the case, i.e., does not make the case moot.” United States v. W.T. Grant Co., 345 U.S. 629, 632 (1953). “[A] defendant claiming that its voluntary compliance moots a case bears the formidable burden of showing that it is absolutely clear the allegedly wrongful behavior could not reasonably be expected to recur. Students for Fair Admissions, Inc., v. Univ. of Texas at Austin, 142 F. 4 th 819, 824-25 (5th Cir. 2025). A court must dismiss a cause for lack of subject matter jurisdiction when the court lacks Case 1:25-cv-00080 Document 46 Filed 01/08/26 in TXSD Page 6 of 12
Page 7 of 12 the statutory or constitutional power to adjudicate the case. Fed. R. Civ. P. 12(h)(3). (If…at any time…it lacks subject matter jurisdiction, the court must dismiss.) Further, the Constitution’s limitation to “Cases” or “Controversies” requires a plaintiff to have constitutional standing. U.S. Const. art. III; See Fed. Election Comm’n v. Cruz, 596 U.S. 289, 295-96 (2022). For this reason, “standing is a threshold issue that we consider before examining the merits.” Williams v. Parker, 843 F.3d 617, 620 (5 th Cir. 2016). Constitutional standing has three parts: (1) an “injury in fact” that is (a) concrete and particularized and (b) actual or imminent; (2) a causal connection between the injury incurred and the conduct alleged; and (3) the likelihood that a favorable decision will redress the injury. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560- 61 (1992). Additionally, under Federal Rule of Civil Procedure 12(b)(1), a claim is properly dismissed for lack of subject-matter jurisdiction when the court lacks the statutory or constitutional power to adjudicate the claim. In re FEMA Trailer Formaldehyde Prods. Liab. Litig., 668 F.3d 281, 286 (5th Cir. 2012) (quoting Home Builders Ass'n, Inc. v. City of Madison, 143 F.3d 1006, 1010 (5th Cir. 1998)). The Plaintiff bears the burden to establish subject-matter jurisdiction. Id. at 286. Dismissal under Federal Rule of Civil Procedure 12(b)(6) is appropriate when a plaintiff fails to plead sufficient facts “to state a claim to relief that is plausible on its face.” Ferguson v. Bank of New York Mellon Corp., 802 F.3d 777, 780 (5th Cir. 2015) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 554, 570 (2007)). To determine whether Plaintiffs’ claims present an actual controversy, the Court considers (1) whether the relief already awarded to Plaintiffs has rendered Plaintiffs’ case moot and (2) whether Plaintiffs’ request for relief is too speculative in nature to establish constitutional standing. VI. Analysis a. Plaintiffs received their requested relief in their first four causes of action; their case no longer presents an actual controversy and is, therefore, moot. After filing their First Amended Complaint (Dkt. No. 5), Plaintiffs’ SEVIS records were reinstated. See Minute Entry dated April 28, 2025. The Government advised the Court that the policy for SEVIS termination was a developing issue so that in the interim all SEVIS records for all Plaintiffs would be reactivated. Dkt. No. 14. Therefore, Plaintiffs received their requested relief. Dkt. No. 17. Specifically, the Government agreed that the SEVIS records for each named Plaintiff Case 1:25-cv-00080 Document 46 Filed 01/08/26 in TXSD Page 7 of 12
Page 8 of 12 in this litigation was reverted to active status, thereby restoring the record to the same status it was before the Government’s actions which necessitated Plaintiffs’ filing of their First Amended Complaint. The Government detailed the restoration of the Plaintiffs’ complained of violations in Dkt. Nos. 14 and 17. Thereafter during hearings on the Plaintiffs’ request for a temporary restraining order and preliminary injunction in front of U.S. District Judge Rodriguez, Plaintiffs admitted to the restoration of their records which was memorialized by the Government in Dkt. No. 22. “For each Plaintiff in this ligation, their SEVIS record was set back to ‘active’ with no ‘gaps’ or ‘lapses’ with the record restoration retroactive to the original date of termination.” Id. at 2. To further clarify that Plaintiffs’ records were fully restored, Judge Rodriguez entered an Order requiring the Government to “add a notation into the SEVIS record for each Plaintiff, indicating that each Plaintiff’s SEVIS record has been restored to ‘Active,’ retroactive to the date of the termination.” Dkt. No. 28, p. 2. The Government complied by adding the required notation, making Plaintiffs whole. Dkt. No. 30. Given that Plaintiffs’ active SEVIS status is restored, Plaintiffs received their request relief. Plaintiffs’ first and fourth causes of action, requesting relief from the agency decision terminating their SEVIS record is resolved. Plaintiffs’ second and third causes of action claiming a due process violation for termination of their SEVIS records is resolved as their record is restored retroactively. This Court lacks subject matter jurisdiction to address Plaintiffs’ complaints about their SEVIS record termination because the Plaintiffs lack the required case in controversy that limits this Court’s federal power. United States Parole Comm’n v. Geraghty, 445 U.S. 338, 395 (1980). Plaintiffs no longer have any live issues to present to the Court on their SEVIS termination as it was completely restored. Id. at 396 (quoting Powell v. McCormack, 395 U.S. 486, 496 (1969). The Plaintiffs’ dispute over the termination of their SEVIS record is resolved, therefore it is moot. American Med. Ass’n v. Bowen, 857 F.2d 267, 270 (5 th Cir. 1988). There is no relief this Court can award Plaintiffs on these four causes of action. The Court finds Defendants have effectively demonstrated that they cannot provide Plaintiffs with further relief. Defendants provided a declaration from the Division Chief of External Operations at the Student and Exchange Visitor Program within Homeland Security Investigations at Immigration and Customs Enforcement setting Plaintiffs’ SEVIS records back to a status as if the termination never happened. Dkt. No. 22. In this declaration, Division Chief Hicks states that “due to technical Case 1:25-cv-00080 Document 46 Filed 01/08/26 in TXSD Page 8 of 12
Page 9 of 12 limitations of the SEVIS system, which cannot be overridden, the event history for a given record cannot be altered or deleted from the system.” Id. at 2. The Division Chief further stated that pursuant to a court order SEVP could “add[] a notation into the SEVIS record, indicating that the record has been restored retroactively to the original date of the termination.” Id. However, the Division Chief states that “these notations are not viewable by end-users outside of SEVP, such as Designated School Officials.” Id. Still, the Division Chief conceded that the notations are part of the official SEVIS record. Id. Defendants have added this notation. Dkt. No. 30. Additionally, Defendants, through SEVP, provided Plaintiffs with a letter “[t]o address the issue of individuals outside of SEVP being unable to see the correction.” Dkt. No. 41, p. 3; Dkt. No. 41-1. In this letter, Defendants assure that “Although the event history will memorialize all modifications that are made to the SEVIS record (including the prior termination and its restoration to ‘active’), the effect of this retroactive activation is as though the termination did not happen, and there are no ‘gaps’ or ‘lapses’ in your SEVIS record.” Id. No justiciable case or controversy is presented when the question to be decided has been mooted by subsequent developments. Flast v. Cohen, 392 U.S. 83, 95 (1968). However, a case is not moot simply because a defendant ends its unlawful conduct once sued. Already, LLC v. Nike, Inc., 568 U.S. at 91. The Defendants should not be able to evade judicial review by temporarily altering questionable behavior. City New and Novelty, Inc. v City of Waukesha, 531 U.S. 278, 284 n. 1 (2001). Plaintiffs argue that Defendants’ actions do not moot the controversy because “[t]he termination history remains in the event log accessible to adjudicators and background check systems and continues to taint Plaintiffs’ record.” Dkt. No. 43, p. 12. Plaintiffs argue this constitutes a residual effect or a collateral consequence. However, as discussed above, Defendants have provided Plaintiffs with letters that can be used to explain the situation and demonstrate the effect of the retroactive activation is as though the termination did not happen at all. Plaintiffs’ claims of collateral consequences are merely speculative in nature. Plaintiffs fail to put forth any evidence of current collateral consequence stemming from their record termination and restoration. Purely speculative collateral consequences cannot overcome a finding of mootness. See Spencer v. Kemna, 523 U.S. 1 (1998) and Allied Home Mortg. Corp. v. U.S. Dept. of Housing and Urban Development, 618 Fed. Appx. 781 (5th Cir. 2015). Case 1:25-cv-00080 Document 46 Filed 01/08/26 in TXSD Page 9 of 12
Page 10 of 12 While Plaintiffs request a declaration that their terminations were unlawful, the Court finds such a determination unnecessary. Plaintiffs also request “a court order compelling DHS to amend its recordkeeping policies to prevent future unlawful status terminations without process.” Dkt. No. 43, p. 14. The Defendants’ retroactive restoration of Plaintiffs’ active status effectively functions as though the termination did not occur, and Defendants’ recordkeeping polices already appear to work in a manner which can prevent future unlawful terminations without process. Considering this, the Court finds it unnecessary to order further action. Defendants added a notation to the SEVIS record for each Plaintiff reporting an active status retroactive to the date of termination. Dkt. No. 30. Consequently, the Court finds Plaintiffs’ request has been addressed and no further action from this Court is needed. Further, the Court notes that, as required, it assumes Defendants, as state actors, acted in good faith. U.S. Navy SEALs 1-26 v. Biden, 72 F.4th 666, 673– 74 (5th Cir. 2023). Because the Court has already provided all possible relief, the Court finds that the “actual controversy” in this case has been eliminated. Ctr. for Individual Freedom, 449 F.3d at 661. Given that the Court provided further relief by requesting the notation to show that each Plaintiff had continuous active status with no gap or lapses, the Cout finds it is now “impossible for the court to grant ‘any effectual relief whatever’ to a prevailing party.” Church of Scientology of Cal., 506 U.S. at 12. For these reasons, the Court finds the case is moot. Ctr. for Individual Freedom, 449 F.3d at 661. b. Plaintiffs’ fifth cause of action is speculative; Plaintiffs do not have standing to bring this speculative claim. Plaintiffs subtitle their “Fifth Cause of Action” as “Administrative Procedure Act (Injunctive Relief).” Dkt. No. 5, p. 26. Plaintiffs proceed to quote Section 705 of the Administrative Procedure Act (“APA”), claiming “an agency may postpone the effective date of action taken by it” and “[t]he reviewing Court to the ‘extent necessary to prevent irreparable injury’ ‘may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings.’” Id. The Court construes this as a claim alleging the agency could review its decision restoring Plaintiffs’ SEVIS record to ‘Active,’ or that the agency could terminate Plaintiffs’ SEVIS record again. Considering this reading, the Court construes this fifth alleged cause of action to be a request Case 1:25-cv-00080 Document 46 Filed 01/08/26 in TXSD Page 10 of 12
Page 11 of 12 to enjoin Defendants from making a future change affecting Plaintiffs’ F-1 visas or the process including the active status of Plaintiffs’ SEVIS records. Plaintiffs must have standing to bring this claim. Constitutional standing has three parts: (1) an “injury in fact” that is (a) concrete and particularized and (b) actual or imminent; (2) a causal connection between the injury incurred and the conduct alleged; and (3) the likelihood that a favorable decision will redress the injury. Lujan v. Defenders of Wildlife, 504 U.S. at 560-61. Additionally, “[i]t is the responsibility of the complainant clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution of the dispute and the exercise of the court's remedial powers.” Bender v. Williamsport Area School Dist., 475 U.S. 534, 546 n. 8 (1986). Plaintiffs do not allege any facts showing that their record could be terminated again. Bender, 475 U.S. at 546, n. 8. In fact, Plaintiffs appear to request relief over a situation which has not yet occurred, and, therefore, Plaintiffs have not yet been injured. Thus, Plaintiffs do not demonstrate an actual injury. Additionally, Plaintiffs do not allege any facts which suggest the injury is imminent. The Court assumes that any policy change by Defendants would be lawfully executed and so would guarantee due process protections. The Court cannot, now, when there is no policy for the Court to review, enjoin Defendants from possibly making a policy change to the F-1 visa process that would affect Plaintiffs. Plaintiffs’ speculation that a policy change may occur or that the agency may review its decision restoring their ‘Active’ status shows neither that an injury has either actually occurred nor that an injury is imminent. Accordingly, the Court finds that Plaintiffs have not demonstrated an “injury in fact” which is concrete and particularized and is either actual or imminent that confers standing to Plaintiffs. Lujan v. Defenders of Wildlife, 504 U.S. at 560-61. Even if Plaintiffs had constitutional standing, this claim for declaratory relief request is moot as Plaintiffs fail to provide any facts that the dispute is capable of repetition, yet evading review. Shemwell v City of McKinney, 63 4th 480, 484 (5th Cir. 2023). To overcome mootness in their dispute over their F-1 visa status, the Plaintiffs must provide facts showing “the challenged action is in its duration too short to be fully litigated prior to cessation,” and “there is a reasonable expectation that the same complaining party will be subject to the same action again.” Kingdomware Techs. Inc. v. United States, 579 U. S. 162, 170 (2016). Plaintiffs fail to overcome mootness in their request for any declaratory relief as they provide no facts that litigation in the Case 1:25-cv-00080 Document 46 Filed 01/08/26 in TXSD Page 11 of 12
Page 12 of 12 future would be too short to adequately address their issues, or they will be subjected to the same action. Libertarian Party v. Dardenne, 595 F.3d 215, 217 (5th Cir. 2010). VII. Recommendation The Court finds Plaintiffs do not present an actual controversy as their claims have been resolved and are moot. Consequently, the Court concludes it does not have the subject matter jurisdiction to hear Plaintiffs’ case under Federal Rule of Civil Procedure 12(b)(1). Additionally, Plaintiffs’ request for injunctive relief is speculative in nature and not subject to relief as required under Federal Rule of Civil Procedure 12(b)(6). The Court finds Plaintiffs cannot establish standing to bring this claim before the court because they have no injury. Therefore, it is RECOMMENDED that the Court (1) GRANT Defendant’s Motion to Dismiss (Dkt. No. 41); and (2) DISMISS Plaintiffs’ suit with prejudice. VIII. Notice to Parties The parties have fourteen (14) days from the date of being served with a copy of this Report and Recommendation in which to file written objections, if any, with United States District Judge Fernando Rodriguez Jr. 28 U.S.C. § 636(b)(1). When filing an objection, a party must object to specific facts or legal findings in this Report and Recommendation. The District Judge is not required to consider frivolous, conclusive, or general objections. Battle v. United States Parole Comm’n, 834 F.2d 419, 421 (5th Cir. 1987). If any party fails to timely object to any factual or legal findings in this Report and Recommendation, the District Judge is not required to conduct a de novo review of the record before adopting these findings. If the District Judge chooses to adopt such findings without conducting a de novo review of the record, the parties may not attack those findings on appeal, except on the grounds of plain error. Alexander v. Verizon Wireless Servs., L.L.C., 875 F.3d 243, 248 (5th Cir. 2017). Signed on January 8, 2026. __________________________ Karen Betancourt United States Magistrate Judge Case 1:25-cv-00080 Document 46 Filed 01/08/26 in TXSD Page 12 of 12
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