Story perspectives

2nd Circuit Reverses Mahdawi Release, Restores Deportation Order

7/23/2026

Summary

Mahdawi Detention Overturned

The 2nd Circuit Court of Appeals reversed a judge’s release of Mohsen Mahdawi, finding no jurisdiction.
Mahdawi was arrested by ICE on April 14, 2025, during an interview and released on April 30, 2025.
Judge Debra Ann Livingston ruled courts cannot hear habeas petitions while removal proceedings are pending.
ACLU said the decision does not permit Mahdawi’s re-detention.
The Trump administration, citing Secretary of State Marco Rubio, said Mahdawi’s protests had adverse foreign-policy consequences.

Summary

Mahdawi Appeals Removal

Mahdawi received a removal order to Jordan and may appeal to the 1st Circuit.
The Department of Homeland Security (DHS) spokesperson called the ruling a win for public safety and the rule of law.
The Board of Immigration Appeals reinstated deportation proceedings in May after a February ruling blocked them.
Mahdawi said he still has faith the full court will correct the error and restore constitutional protections.

History

Historical Context

The 1996 Illegal Immigration Reform and Immigrant Responsibility Act, signed by President Bill Clinton and effective April 1 1997, expanded removal authority, limited habeas challenges, and added at least 1,000 border agents each year through 2001. Decades later, the 2nd Circuit Court of Appeals in 2025 reversed Mahdawi’s release, applying those same restrictions and allowing his deportation to proceed with minimal judicial review.

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Mahdawi Detention Overturned

The 2nd Circuit Court of Appeals reversed a judge’s release of Mohsen Mahdawi, finding no jurisdiction.
Mahdawi was arrested by ICE on April 14, 2025, during an interview and released on April 30, 2025.
Judge Debra Ann Livingston ruled courts cannot hear habeas petitions while removal proceedings are pending.
ACLU said the decision does not permit Mahdawi’s re-detention.
The Trump administration, citing Secretary of State Marco Rubio, said Mahdawi’s protests had adverse foreign-policy consequences.

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