Mohsen Mahdawi remains in potential custody after federal appeals court overturns lower court ruling on his immigration detention
A three-judge panel of the 2nd US Circuit Court of Appeals overturned a lower court ruling that had ordered the release of Mohsen Mahdawi from immigration detention. The court determined that the original ruling lacked jurisdiction because the case should have been resolved within the immigration court system overseen by the Department of Justice. Mohsen Mahdawi, a 35-year-old pro-Palestinian activist and lawful permanent resident, was arrested in April 2025 during a citizenship interview. While a lower court previously ruled he enjoyed the same free speech rights as U.S. citizens, the appeals court's decision removes that specific order of release. The administration announced that the detention was justified because Mahdawi’s advocacy could have "adverse foreign policy consequences" for the United States. Mahdawi described the ruling as a "grave setback" for constitutional freedoms, accusing the government of weaponizing the immigration system to silence his peaceful advocacy. While the ruling does not mandate his immediate re-arrest, it allows the administration to detain him again as it continues its crackdown on pro-Palestinian campus activism.