Appeals court overturns lower court ruling releasing anti-Israel activist
A federal appeals court has overturned a lower court ruling that ordered the release of Columbia University student Mohsen Mahdawi from immigration detention, citing lack of jurisdiction. The three-judge panel in the 2nd U.S. Circuit Court of Appeals stated that Mahdawi’s claims should have been addressed through immigration court procedures first rather than in federal district court. Mahdawi, a Palestinian-born permanent resident and active in anti-Israel protests, was detained by ICE in Vermont last year during an interview related to his U.S. citizenship petition. although a district judge initially ordered his release citing First Amendment protections, the appeals court reversed this decision on jurisdictional grounds. Mahdawi’s case is part of broader litigation concerning the Trump administration’s efforts to deport noncitizens involved in anti-israel activism, with civil liberties groups arguing these policies infringe on free speech rights. Mahdawi, who has not been charged with a crime, has faced scrutiny over statements regarding Hamas and alleged comments about firearms used to harm Jews. The ruling aligns with previous decisions requiring similar cases to go through immigration proceedings first. the Justice Department views this as a affirming stance on immigration enforcement procedures.
A federal appeals court on Tuesday overturned a lower court’s ruling ordering the Trump administration to release Columbia University student Mohsen Mahdawi from immigration detention, finding the lower court lacked jurisdiction to decide his case.
The three-judge panel of the Manhattan-based 2nd U.S. Circuit Court of Appeals ruled Mahdawi’s claims should first have been resolved through immigration court proceedings, rather than in federal district court.
Recommended Stories
” data-large-file=”https://www.conservativenewsdaily.net/breaking-news/wp-content/uploads//2026/07/localimages/AP26202610740675.jpg?w=696″ “https:>
“The district court granted his motion for release pending review of this habeas petition on the basis that Mahdawi would likely succeed in showing that the government unlawfully targeted him based on First Amendment protected activity,” U.S. Circuit Judge Debra Livingston, a George W. Bush appointee, wrote for the panel in a 41-page opinion. “We conclude that the district court should not have reached this question because it did not have subject matter jurisdiction over the habeas petition.”
Mahdawi, 35, was arrested by Immigration and Customs Enforcement in Vermont in April last year when he arrived for an interview connected to his U.S. citizenship petition. The West Bank-born permanent resident had become a prominent figure in anti-Israel demonstrations at Columbia University in 2024.
U.S. District Judge Geoffrey Crawford, an appointee of former President Barack Obama, ordered Mahdawi released on bond two weeks after his arrest, concluding that he was not a flight risk and that noncitizens have First Amendment speech protections. The appeals court overturned that ruling on jurisdictional grounds but did not order Mahdawi to be taken back into custody.
The case is part of a broader legal fight over the Trump administration’s effort to remove noncitizens who participated in anti-Israel campus protests. The administration has argued that certain activists’ continued presence in the United States could harm U.S. foreign policy interests, while civil-liberties groups contend the policy punishes constitutionally protected speech.
Mahdawi has portrayed himself through his lawyers as a peaceful Buddhist opposed to violence. But his record has drawn scrutiny from groups that track anti-Israel activism. Canary Mission, an organization that compiles profiles of alleged antisemitic activists, has cited Mahdawi’s statements after Hamas’s Oct. 7, 2023, terrorist attack on Israel, including his assertion that “Hamas is the product of the Israeli occupation.”
Federal prosecutors also cited allegations involving Mahdawi’s 2015 visit to a Vermont gun store. According to court filings, the store owner told law enforcement that Mahdawi said he had substantial firearms experience and had built modified 9mm submachine guns “to kill Jews” while in Palestinian territory. The owner said Mahdawi allegedly made similar remarks to another gun enthusiast.
Mahdawi has not been charged with a crime.
Tuesday’s decision followed a similar ruling earlier this year involving Mahmoud Khalil, another Columbia-affiliated anti-Israel activist who was released from immigration detention after more than 100 days. The Philadelphia-based 3rd Circuit concluded in January that Khalil’s claims likewise belonged in the immigration system before reaching federal court.
Brett Schumate, the assistant attorney general for civil rights at the Justice Department, wrote on X that the decision was a “Big win for the rule of law: The Second Circuit makes clear that habeas can’t be used as an end‑run around Congress’s immigration removal-review scheme.”
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
*As an Amazon Associate I earn from qualifying purchases
