A federal appeals court overturned a lower court ruling on Tuesday that had ordered a Palestinian immigrant released from immigration detention, saying the district court didn’t have the authority to intervene.
Mohsen Mahdawi, the man in question, was a leader of the anti-Israel protests that rocked Columbia University in the wake of Hamas’ murderous invasion of Israel in 2023 and Israel’s overwhelming military response.
Despite his having a green card, the Trump administration had him arrested in 2025, saying his pro-Palestinian activities were a threat to U.S. foreign policy.
U.S. District Judge Geoffrey Crawford had blocked his deportation and ordered him released on bail, but the 2nd U.S. Circuit Court of Appeals said Tuesday the lower judge went too far.
Circuit Judge Debra Ann Livingston, a George W. Bush appointee, said Congress tried to keep district courts out of these sorts of release decisions.
“We conclude that the district court should not have reached this question because it did not have subject matter jurisdiction over the habeas petition,” she wrote in the unanimous ruling, joined by two other GOP-appointed judges.
A habeas corpus petition is a narrow but powerful tool to challenge someone’s detention.
Mr. Mahdawi filed one after his arrest, arguing the government targeted him for deportation as retaliation for his use of constitutionally protected pro-Palestinian speech.
Judge Crawford had agreed, and said the government’s targeting was likely illegal. He ordered Mr. Mahdawi’s freedom.
But Judge Livingston said the fact that Mr. Mahdawi raised constitutional questions doesn’t trump the Immigration and Nationality Act, which clearly denies federal district courts jurisdiction over deportation cases.
She said the law requires challenges to deportation to be filed directly to circuit courts.
The ability of district courts to step in and stop President Trump’s mass deportation efforts has been a major legal question.
Tuesday’s decision mirrors a similar one by the 3rd Circuit, which earlier this year ruled against another pro-Palestinian activist, Mahmoud Khalil.
Mr. Mahdawi, in a statement issued by the American Civil Liberties Union, called the ruling “a grave setback” but predicted he will ultimately prevail.
“By weakening the First Amendment and creating different tiers of rights for citizens and non-citizens, this ruling hands the government a dangerous power,” he said.
He said he will ask the full 2nd Circuit court to review the three-judge panel’s decision.
The ACLU said the decision against Mr. Mahdawi does not take immediate effect, and while the appeal continues, “the government has no lawful basis to redetain or deport Mr. Mahdawi.”
