shi was arrested at 1 : 45 am . m . est having complaint on counts of resisting conduct ; other more serious arrests could be filed . however , allen minstrel of us . s . department of customs and citizenship enforcement ( isa ) has indicated plans to expel zhao away to australia within a few nights without charges . " we do not plan to charge him , " herron claimed . zhao is dual - passport vietnamese - american , who exits the us legally on his australian passport less than a week ago .
Zhao is an American citizen.