Villar Castellanos et al v. Noem et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
HUGO ADRIAN VILLAR CASTELLANOS,
et al.,
Plaintiff,
VS.
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CIVIL ACTION NO. 1:25-CV-080
KRISTI NOEM, et al.,
Defendant.
ORDER
In this action, Plaintiffs Hugo Adrian Villar Castellanos, Shishir Timilsena, Amir Gholami,
Julio Dylan Sanchez Wong, and Mayra Alejandra Varela Varga are international students who
attend the University of Texas Rio Grande Valley on F-1 visas. Plaintiffs initiated this lawsuit after
Defendants took steps to terminate Plaintiffs’ SEVIS records, adversely affecting their F-1 visa
status. After suit was filed, Defendants restored Plaintiffs’ SEVIS records, retroactive to the date
of termination. Defendants then moved to dismiss the case as moot. (Mot., Doc. 41)
A Magistrate Judge recommends that the Court grant Defendants’ Motion to Dismiss
because Plaintiffs’ claims have been rendered moot. (R&R, Doc. 46) Plaintiffs object to the Report
and Recommendation, arguing that the voluntary cessation doctrine precludes dismissal because
Defendants may reinitiate termination of the Plaintiffs’ visa-related records in the future.
(Objections, Doc. 47)
A district court reviews de novo the portions of a Report and Recommendation to which a
party files timely objections. Battle v. United States Parole Comm’n, 834 F.2d 419, 421 (5th Cir.
1987).
The Court has considered Plaintiffs’ objections, which largely re-assert the arguments
presented to the Magistrate Judge. Based on the record and the applicable law, and applying de
novo review, the Court concludes that the Magistrate Judge analyzed the arguments that the
United States District Court
Southern District of Texas
ENTERED
March 31, 2026
Nathan Ochsner, Clerk
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parties raised appropriately and reached the correct decision. The Court agrees that no case or
controversy exists to sustain Plaintiffs’ claims in this lawsuit.
For these reasons, the Court OVERRULES Plaintiffs Hugo Adrian Villar Castellanos,
Shishir Timilsena, Amir Gholami, Julio Dylan Sanchez Wong, and Mayra Alejandra Varela
Varga’s objections to the Report and Recommendation (Doc. 46). The Court ADOPTS the Report
and Recommendation.1 As a result, it is:
ORDERED that Defendants’ Motion to Dismiss (Doc. 41) is GRANTED; and
ORDERED that Plaintiffs’ causes of action are DISMISSED WITHOUT
PREJUDICE.
Each party shall bear its own fees and costs.
This is a final and appealable order.
The Clerk of Court is directed to close this case.
Signed on March 31, 2026.
____________________________
Fernando Rodriguez, Jr.
United States District Judge
1 The Court notes that the dismissal should be without prejudice. See Devins v. Armstrong, 167 F.4th 247, 253 (5th Cir.
2026).
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