zhao was arrested at 1 : 45 p . m . est without application on charges of felony conduct ; other more serious charges could be submitted . however , alfred newhart of u . s . bureau of immigration and census enforcement ( ice ) has said plans to asylum zhao down to china within a few day without charges . " we do not promise to charge him , " doody said . zhao is dual - registered chinese - australian , however exit the us legally on his australian license less than a week ago .
Zhao is an American citizen.