136 F.4th 443
2d Cir.2025Background
- Mohsen Mahdawi, a Palestinian student and Lawful Permanent Resident, was arrested by ICE after a successful naturalization interview, based on a secret memorandum from the Secretary of State citing foreign policy concerns related to his speech and advocacy on Gaza.
- Mahdawi was detained and served with a Notice to Appear, asserting removability due to activities cited as "otherwise lawful" but adverse to U.S. foreign policy.
- Mahdawi filed a habeas petition in the District of Vermont, alleging his detention was an effort to punish his protected speech in violation of the First and Fifth Amendments.
- The district court issued a temporary restraining order (TRO) against his removal and granted his release on bail, finding him neither a flight risk nor a danger—a finding unchallenged by the government.
- The government sought an emergency stay of these orders and a writ of mandamus, which are the subject of this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| District court jurisdiction over habeas petition and release | Detention is independent/collateral to removal process, not barred | Jurisdiction stripped by INA §§ 1252(g), 1252(a)(5), 1252(b)(9) | Court has jurisdiction; government unlikely to succeed |
| Extension of TRO prohibiting removal/transfer | Same as above; authority exists to preserve status quo | District court can't enjoin executive discretion on detention | Authority exists; statutory provisions not clear bars |
| Irreparable harm to government absent stay | No credible irreparable injury; removal proceedings ongoing remotely | Government's sovereign authority and process are harmed | No irreparable injury; government’s showing insufficient |
| Mandamus relief to vacate TRO and release | No extraordinary circumstances or judicial usurpation | District court overstepped, justifying extraordinary remedy | No extraordinary circumstances; writ denied |
Key Cases Cited
- Reno v. Am.-Arab Anti-Discrimination Comm., 525 U.S. 471 (1999) (§1252(g) jurisdictional bar is narrow, only covering commencement, adjudication, or execution of removal)
- Kucana v. Holder, 558 U.S. 233 (2010) (courts presume judicial review unless Congress clearly states otherwise)
- McNary v. Haitian Refugee Ctr., Inc., 498 U.S. 479 (1991) (presumption favoring judicial review in immigration cases)
- Bowen v. Michigan Acad. of Fam. Physicians, 476 U.S. 667 (1986) (judicial review absent clear and convincing congressional intent to bar)
- Hilton v. Braunskill, 481 U.S. 770 (1987) (strong interest in habeas petitioners’ release pending review)