A three-judge panel of the 2nd US Circuit Court of Appeals overturned a 2025 ruling on Tuesday that had ordered the Trump administration to release Mohsen Mahdawi from immigration detention. The court determined that the lower district court lacked the necessary jurisdiction to hear the case, ruling that the matter must first be addressed within the immigration court system.
Jurisdiction and the 2nd Circuit Ruling
The Manhattan-based 2nd Circuit panel, which included two judges appointed by Donald Trump and one by George W. Bush, found that U.S. District Judge Geoffrey Crawford lacked jurisdiction when he ordered Mahdawi’s release on bond. Mahdawi, a 35-year-old West Bank-born Columbia University student, had been detained in April 2025 while attending an interview for a U.S. citizenship petition. While Judge Crawford had originally ruled that Mahdawi held the same First Amendment free speech rights as U.S. citizens, the appellate panel concluded that the case should have been resolved in immigration court first.
Legal Precedent and the Khalil Case
This decision aligns with a ruling earlier this year from the 3rd US Circuit Court of Appeals regarding Mahmoud Khalil, another Columbia University graduate who faced similar detention. Khalil, like Mahdawi, was authorized to be in the U.S. and faced no criminal charges. The 3rd Circuit previously concluded that Khalil’s claims regarding his detention should have been heard through an appeal of a removal order within the immigration court system rather than through a separate district court challenge. Khalil has since petitioned the U.S. Supreme Court to review that decision.
Implications for Future Immigration Challenges
The appellate court’s decision does not order Mahdawi’s immediate re-arrest, but it reinforces a procedural hurdle for non-citizens detained during deportation proceedings. While the 2nd Circuit panel avoided a direct ruling on the administration’s push to deport non-citizens based on their presence being contrary to U.S. foreign policy, the procedural shift could make it more difficult for non-citizens detained in immigration jails to quickly seek their release on the grounds of an alleged violation of their First Amendment rights.
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