NEW YORK — The federal government is seeking to revive deportation proceedings against Mohsen Mahdawi, a lawful permanent resident and student at Columbia University, after an immigration judge previously dismissed the case for lack of evidence.
Mahdawi was detained by Immigration and Customs Enforcement in April 2025 for more than two weeks in what his attorneys say was retaliation for his speech in support of Palestinian human rights.
An immigration judge had previously dismissed his case last month due to insufficient evidence. Even though it had been dismissed, the federal government has asked the Board of Immigration Appeals to resume his deportation proceedings.
Mahdawi’s attorney, Cyrus Mehta, commented on the proceedings.
“This is another cruel step in the government’s continued retaliation campaign against our client,” Mehta said. “Their attempts to punish him for his constitutionally protected speech about Palestine have been reckless and shameful, and this appeal amounts to them grasping at straws. We look forward to the day that Mohsen can focus his attention where it belongs: on his studies, on his advocacy for peace, and on seeking justice in his communities without worrying about the government violating his rights again.”
Mahdawi’s legal team has taken action and filed a cross-appeal asking the Board of Immigration Appeals to terminate the case with prejudice to prevent the government from refiling the case. An immigration judge terminated the case against Mahdawi in February because the government had failed to authenticate its primary piece of evidence.
A memorandum from Secretary of State Marco Rubio claimed that Mahdawi’s protected political speech constituted a threat to U.S. foreign policy. Though the First Amendment guarantees freedom of speech, not all speech is constitutionally protected. Examples of unprotected speech include obscenity, child pornography, defamatory speech, false advertising, and true threats or fighting words.
Mahdawi commented on the situation.
“This appeal is not about me,” Mahdawi said. “It is about whether the Trump administration can weaponize immigration law to silence dissent and punish those who dare to speak against Israel’s genocide and aggression. I stand not only for the freedom of Palestinians or for my own constitutional rights, but for the sacred promise that in America no human being should fear losing their liberty for exercising their First Amendment rights, including speaking for human rights and against wars.”
Mahdawi also said he feared that his citizenship interview was a “trap.” When he was initially detained, he was in the middle of signing a document stating that he was willing to take the Pledge of Allegiance, one of the final steps in the process to become a U.S. citizen.
Mahdawi was released from Immigration and Customs Enforcement custody on bail as of April 30, 2025. Following the decision to file a habeas petition in the U.S. District Court for the District of Vermont, he argued that he had been wrongfully detained in retaliation for exercising his freedom of speech.
This is not the first time that a Columbia student has been detained for speaking out on Palestine. Mahmoud Khalil, for example, was detained outside his New York apartment in March 2025. He was detained for more than 100 days, missing the birth of his child. Ultimately, he was released after then-Mayor-elect Zohran Mamdani asked President Donald Trump to drop Khalil’s case.
Mahdawi’s habeas proceedings are still ongoing. The news of the immigration appeal and cross-appeal was conveyed to the U.S. Court of Appeals for the Second Circuit in a supplemental authority letter on Monday morning.
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