A former Virginia Tech student says the school violated his Constitutional rights and so he's suing them.
Yunsong Zhao was kicked out of Virginia Tech after police claimed he broke the law.
Zhao is currently being detained by Immigration and Customs Enforcement. Since he is no longer a student, his student visa is no longer valid.
Back in January, Zhao was arrested after police say he used a 30 round gun magazine at a gun range.
As a Chinese national here on a student visa, by law, he can't use one that big.
At a preliminary hearing, Zhao said he didn't, arguing that it was a 20 round magazine.
In a photo lineup at that same hearing, one of the police officers misidentified the size of the magazine.
While ruling to certify the charges to the Grand Jury, a Montgomery County judge said prosecutors were going to have a really hard time proving their case based on the evidence.
A representative for Zhao, Michael Donovan says he was targeted by Virginia Tech simply because he's Asian. Seung-Hui Cho, the person who killed 32 people at Virginia Tech in 2007 was also Asian. Cho was from South Korea.
Donovan is the President and CEO of Nexus Services, the company funding Zhao's case.
More on the story HERE from ABC-13 WSET.