(Christiansburg, Va.) (AP) — The lawyer for the former Virginia Tech student accused of illegally possessing an assault weapons say his client is now in the custody of federal immigration officials.

Attorney Jason Wolfrey tells The Roanoke Times that U.S. Customs and Immigration Enforcement officers picked up 19-year-old Yunsong Zhao before he left a local jail after paying his $2,500 bond.

The Chinese national was arrested in January and accused of equipping his AR-15 with a 30-round magazine at a shooting range. Non-citizens can’t use magazines with a capacity of more than 20 rounds with assault rifles. Wolfrey has argued a police officer was mistaken in thinking he’d seen a 30-round magazine.

The newspaper received no immediate response to requests from federal immigration authorities about what would happen next to Zhao.

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