2nd Circuit Reverses Release Order for Pro-Palestinian Activist Mohsen Mahdawi

On July 21, a three-judge panel of the U.S. Court of Appeals for the 2nd Circuit in New York held that the district court lacked jurisdiction to order the release of Mohsen Mahdawi from immigration detention. The panel concluded that the case should first be resolved through the immigration-court process, vacating the earlier bond release granted by District Judge Geoffrey Crawford. The decision clears the way for Mahdawi’s removal order to be enforced while his appeal proceeds.

Reuters

Mahdawi, a 35-year-old Palestinian green-card holder and Columbia University student, was arrested by immigration agents during a naturalization interview in April 2025. His detention became a flash point in the Trump administration’s broader effort to deport non-citizen students who publicly criticized Israel’s war in Gaza. Secretary of State Marco Rubio designated such individuals as “potentially serious adverse foreign-policy consequences” for the United States, a label that triggers removal proceedings.

The Hill

The administration has previously pursued similar cases, including that of Mahmoud Khalil, another Columbia graduate, whose appeal was also rejected by an appellate panel earlier in the year.

CNN

• April 2025 – Mahdawi arrested at citizenship interview in Vermont.

Reuters

• Two weeks later – Judge Crawford releases Mahdawi on bond, citing First Amendment protections.

The Hill

• July 21 – 2nd Circuit panel reverses release order, citing lack of jurisdiction.

The Hill

• Mahdawi holds a legal permanent-resident status obtained in 2015.

The Hill

• He faces a final removal order to Jordan, already issued by immigration authorities.

Reuters

• The administration alleges two incidents: a 2015 claim that Mahdawi expressed intent to “kill Jews” at a gun shop, and a 2019 border stop involving alleged possession of LSD, methamphetamine and mushrooms (the record was later expunged after a diversion program). Mahdawi acknowledges the gun-shop visit but denies the alleged statements and denies any drug possession.

The Hill

• U.S. Circuit Judge Debra Ann Livingston (appointed by President George W.

The Hill

• U.S. Circuit Judges William Nardini and Steven Menashi (both Trump nominees) joined Livingston in the unanimous opinion.

The Hill

The ACLU, which represents Mahdawi, warned that without immediate judicial review the government could continue to detain him indefinitely. The organization contends that the administration’s actions infringe on First Amendment rights and set a precedent for suppressing dissent by non-citizens. Rights-group analysts have similarly noted that the appellate decisions in Mahdawi’s and Khalil’s cases could make it harder for detained non-citizens to obtain swift relief on free-speech grounds.

Reuters

• “Today’s decision is a grave setback, although I am confident justice will ultimately prevail,” — Mohsen Mahdawi, of pro-palestinian activist

The Hill

• “I still have faith that the full court will correct the legal error and restore the constitutional principles that protect all people equally,” — Mohsen Mahdawi, of pro-palestinian activist

Reuters

Mahdawi may seek review by a full panel of the 2nd Circuit or petition the U.S. Supreme Court. His appeal remains pending in the 1st Circuit after the removal order to Jordan was issued. The 2nd Circuit is also expected to issue a separate ruling concerning Rumeysa Ozturk, a Turkish doctoral student detained under similar circumstances.

CNN