Federal Appeals Court Overturns Ruling on Pro-Palestinian Activist’s Release
In a significant development, a federal appeals court has overturned a previous decision that had ordered the release of Mohsen Mahdawi, a pro-Palestinian activist and student protest organizer. This reversal opens up the possibility for his re-arrest, as the Trump administration continues its efforts to deport him.
The ruling, delivered by the 2nd U.S. Circuit Court of Appeals in New York, counteracts an earlier verdict by a Vermont federal judge who compared the government’s actions to McCarthy-era repression. The appeals panel unanimously concluded that the lower court judge had exceeded his authority by intervening prematurely in Mahdawi’s immigration case.
This decision aligns with another appellate ruling from earlier in the year against Mahmoud Khalil, a former Columbia University classmate of Mahdawi. However, the court did not address the merits of Mahdawi’s claim that he was unlawfully targeted due to his criticism of Israel. The panel indicated that Mahdawi could pursue federal court review after exhausting options within the immigration courts.
Currently, Mahdawi is challenging a removal order from the Board of Immigration Appeals. His legal representation, the American Civil Liberties Union, asserts that he cannot be detained or deported while the appeal is ongoing. In a statement, Mahdawi expressed concern over the ruling, describing it as “a grave setback” that empowers the government to “intimidate, censor, and punish dissent without meaningful restraint.”
Mahdawi, who was born in a refugee camp in the Israeli-occupied West Bank, became a legal permanent resident of the U.S. in 2015. His arrest by immigration officials in April 2025 occurred during a citizenship interview, amidst the Trump administration’s broader initiative to expel noncitizens critical of Israel. He was released two weeks post-arrest and subsequently graduated from Columbia University.
During a 2nd Circuit hearing last September, government lawyers argued against the release of both Mahdawi and Rumeysa Ozturk, a Turkish doctoral student at Tufts University. Ozturk was detained after co-signing an op-ed critical of Israel. The government contended that both students improperly received habeas corpus relief, which should not apply to cases still under immigration court review.
The attorneys representing the students argued that seeking relief from an immigration court system under the Trump administration’s Department of Justice would be futile. The appellate court is anticipated to issue a separate decision regarding Ozturk’s case. An inquiry to the Department of Homeland Security has not yet received a response.
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