(Christiansburg, Va. (AP) – A judge in Virginia is considering whether to grant bond for a former Virginia Tech student after a felony gun charge against him was dismissed.

WSLS reported Sunday that a judge in an Arlington immigration court took a motion for bond under advisement during a hearing Thursday. A written order on the matter is expected sometime this week.

The Chinese national had been accused of equipping an AR-15 with a 30-round magazine at a shooting range. Virginia prohibits non-citizens from having guns with magazines holding more than 20 rounds. But a judge dismissed the case, citing a lack of evidence presented by prosecutors.

Zhao had been in immigration custody while awaiting trial. His attorneys have said Zhao hopes to remain in the U.S. and resume his higher education but not at Virginia Tech.