Full Appeals Court in Mohsen Mahdawi鈥檚 Case Will Reconsider Decision to Allow Government to Re-Detain Him
NEW YORK 鈥 Today, the full en banc U.S. Court of Appeals for the Second Circuit announced it will re-hear an appeal of the district court鈥檚 March 2025 order releasing Columbia University graduate student Mohsen Mahdawi from immigration detention on bail and barring the government from detaining or deporting him.
With the district court鈥檚 decision in April of 2025, Mr. Mahdawi was released on bail following his arrest by immigration agents at his citizenship interview and subsequent two weeks of detention. This July, a three-judge Second Circuit panel ruled that the lower court鈥檚 order should be overturned, without evaluating the merits of his constitutional claims, because they held the federal court did not have jurisdiction to consider ordering Mr. Mahdawi鈥檚 release while his immigration proceedings were ongoing. But now the Second Circuit will re-hear the appeal as a full body.
鈥淲e are thrilled to have the chance to continue defending our client鈥檚 constitutional rights and the importance of habeas corpus before the full Second Circuit,鈥 said Brett Max Kaufman, senior counsel with 红杏视频鈥檚 Center for Democracy. 鈥淭he government has claimed a terrifying power to punish Mohsen Mahdawi simply because they do not like what he has to say about Palestine, and he deserves the right to challenge that perverse idea in federal court without waiting for the government鈥檚 own lengthy administrative process to play out. The courts cannot give the government a blank check to lock up any noncitizen, including to censor and punish their lawful speech, with no federal court having the power to intervene for months or years.鈥
The initial three-judge panel of the Second Circuit ruled that, despite being detained for over two weeks in retaliation for his advocacy of Palestinian rights, the district court was not able to release Mr. Mahdawi while this immigration case continued. The panel would have forced him to remain in immigration detention for the months or years it takes an immigration case to play out, before being able to raise his constitutional arguments in a federal court. Today鈥檚 order from the Second Circuit means the full court will rehear the case and issue a new decision.
鈥淭he Second Circuit鈥檚 decision to rehear this case renews my faith in the justice system, and I have faith that the full court will correct the error of the earlier ruling,鈥 said Mohsen Mahdawi, who has been a lawful permanent resident for more than a decade. 鈥淭he previous ruling handed the government a dangerous power: to intimidate, to censor, to punish dissent. My life has followed the path of peacefully advocating for justice and liberation 鈥 for the Palestinian people, and for people across the world 鈥 and I was detained for doing just that. This is not my struggle alone. The promise of America is that a person may dissent without fear, and that promise is the founding principle of this land I call home. The struggle continues: to restore constitutional rights at home, to secure dignity and equality for everyone, and with this case, to ensure that First Amendment rights are protected.鈥
The Second Circuit鈥檚 en banc rehearing order comes in Mr. Mahdawi鈥檚 habeas case challenging the government鈥檚 attempt to put him in immigration detention in retaliation for his First Amendment-protected speech. Separately, he is fighting the government鈥檚 deportation case seeking to remove him from the country. In February, immigration judge Nina Froes dismissed the deportation case against Mr. Mahdawi on the grounds that the government failed to authenticate a memo purportedly from Marco Rubio that declared Mr. Mahdawi deportable under the 鈥渇oreign policy ground鈥 of the Immigration and Nationality Act. The government appealed to the Board of Immigration Appeals, which is part of the Department of Justice. The BIA held that Mr. Mahdawi was removable and remanded proceedings to the immigration court. Because the Trump administration had fired Froes, in line with the administration鈥檚 larger efforts to use the immigration court system to accelerate deportations, the case was sent to a new immigration judge, who issued an order of removal. Mr. Mahdawi again appealed to the BIA, which is currently considering the appeal.
Mr. Mahdawi is represented in his habeas case by Cyrus Mehta and David Isaacson of Cyrus D. Mehta Partners, PLLC; Luna Droubi, Matthew Melewski, and Tala Alfoqaha of Beldock Levine & Hoffman LLP; Andrew Delaney of Martin Delaney & Ricci Law Group; CLEAR; the 红杏视频; and the 红杏视频 of Vermont.
Court Case: Mahdawi v. Trump
Affiliate: Vermont