US appeals court overturns release of pro-Palestinian advocate Mahdawi, citing lack of jurisdiction
Mahdawi, 35, was one of several non-citizen students who were placed in deportation proceedings last year after taking part in demonstrations against Israel's military campaign in Gaza.
A US appeals court on Tuesday overturned a lower court's order to release pro-Palestinian advocate Mohsen Mahdawi from immigration detention, ruling that the district court lacked jurisdiction. Mahdawi, a Columbia University student, was arrested in April 2025 and ordered released by a Vermont judge who cited his First Amendment rights. The 2nd US Circuit Court of Appeals panel stated that the case should have been resolved in immigration court first, though it did not order his re-arrest. This decision, along with a similar ruling in the case of Mahmoud Khalil, could make it more difficult for non-citizens in detention to seek quick release based on alleged First Amendment violations.
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