NEW YORK — Attorneys for Mohsen Mahdawi filed a letter with the U.S. Court of Appeals for the Second Circuit announcing that an immigration judge had terminated his removal proceedings, marking a significant development in a case stemming from his advocacy for Palestinian rights.
As reported by the American Civil Liberties Union, the Columbia University graduate student faced detention and deportation proceedings last year following his speech advocating for Palestinian rights.
His attorneys’ filing outlined the immigration judge’s decision, which was based on the government’s failure to authenticate a memorandum purportedly from Marco Rubio. The document had been filed without including the referenced attachments.
The main filing served as the basis for seeking to deport Mahdawi, as well as declaring him a threat to U.S. foreign policy. This claim was based solely on his protected speech, also known as his First Amendment right.
The ruling was issued without prejudice, which means that the government can appeal the decision to the Board of Immigration Appeals. It is also allowed to attempt to refile a new case based on the same charge.
According to Brett Max Kaufman, senior counsel with the ACLU’s Center for Democracy, “This decision highlights the importance of federal court review of immigration proceedings, especially when First Amendment and other constitutional violations are alleged.”
He continued, criticizing the government’s handling of the matter: “Had we been unable to pursue Mohsen’s release in federal court, as the government is arguing should be law of the land, he would still be in detention today on a charge that the government itself couldn’t even bother to substantiate 10 months later with basic forms of authentication.”
Mahdawi was detained in April 2025 and was held in a detention center for over two weeks. He was released on bail on April 30, 2025, and filed a habeas petition in the U.S. District Court for the District of Vermont.
He argued that he was wrongfully detained in retaliation for his constitutionally protected speech.
The ACLU states that he is now represented in both immigration and federal court by Cyrus Mehta and David Isaacson of Cyrus D. Mehta and Partners PLLC and in federal court by Luna Droubi and Matthew Melewski of Beldock Levine & Hoffman LLP; Andrew Delaney of Martin Delaney & Ricci Law Group; CLEAR; the American Civil Liberties Union; and the ACLU of Vermont.
“These attorneys also commented on the status of this case: “We’re pleased that the court has terminated this witch hunt of a case,” said Cyrus Mehta.
“The government’s pursuit of his deportation has been an affront to the principle of free speech that undergirds our democracy,” the attorneys argued. “The government’s inability to even file the proper paperwork demonstrates how careless and reckless they are being in their policy of detaining innocent people for their speech.”
“I am grateful to the court for honoring the rule of law and holding the line against the government’s attempts to trample on due process,” said Mohsen Mahdawi. “This decision is an important step toward upholding what fear tried to destroy: the right to speak for peace and justice.”
He continued, detailing his personal account of the case: “Nearly a year ago, I was detained at my citizenship interview not for breaking the law but for speaking against the genocide of Palestinians. In a climate where dissent is increasingly met with intimidation and detention, today’s ruling renews hope that due process still applies and that no agency stands above the Constitution.”
This leaves the question of whether this case will lead to his rights being protected or stripped away even further by the government and immigration authorities.
For now, Mahdawi offered a hopeful note about what comes next: “This is not the end of the story. It is the beginning of a deeper commitment to peace, dignity, and justice; work I will continue, fearlessly and without apology.”
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