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2nd Circuit Revokes Mahdawi Release, Returns Case to Immigration Court

7/22/2026

23 5 Full Breakdown

Summary

Story summary

July 21, 2026, the 2nd Circuit reversed Mahdawi’s release order.
Judges Debra Ann Livingston, William Nardini and Steven Menashi said court lacked jurisdiction, sending case to immigration court.
Mahdawi, a 35-year-old from a West Bank refugee camp, was arrested by ICE in April 2025 and faces removal to Jordan.
The ACLU says his detention lacks legal basis, echoing a Jan. 2026 3rd Circuit ruling that blocked release for Mahmoud Khalil.

History

Historical Context

Zadvydas v. Davis (2001), authored by Justice Antonin Scalia, held that the government may detain removable aliens only up to six months after the statutory 90-day removal period unless Congress expressly authorizes longer confinement. The ruling was later applied to inadmissible immigrants in Clark v. Martinez (2005), shaping today’s 2nd Circuit decision that sends Mahdawi’s case back to ICE for adjudication.

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Story summary

July 21, 2026, the 2nd Circuit reversed Mahdawi’s release order.
Judges Debra Ann Livingston, William Nardini and Steven Menashi said court lacked jurisdiction, sending case to immigration court.
Mahdawi, a 35-year-old from a West Bank refugee camp, was arrested by ICE in April 2025 and faces removal to Jordan.
The ACLU says his detention lacks legal basis, echoing a Jan. 2026 3rd Circuit ruling that blocked release for Mahmoud Khalil.

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