Appeals court reverses decision that freed pro-Palestinian Columbia activist Mohsen Mahdawi

Appeals Court Reverses Decision That Freed Columbia Activist

Activelifezero.com – A federal appeals court has reversed a lower court decision that had ordered the release of pro-Palestinian activist Mohsen Mahdawi, potentially allowing authorities to re-arrest the student protest organizer whom the Trump administration has pursued for deportation for more than a year. The Tuesday ruling from the 2nd US Circuit Court of Appeals in New York overturned a Vermont federal judge’s previous determination, which compared the government’s expulsion efforts against Mahdawi and fellow activists to McCarthyist-era repression tactics.

In their unanimous decision, the appellate panel concluded that the trial judge exceeded his jurisdictional authority by intervening in Mahdawi’s immigration case before it had progressed completely through the immigration court system. This reversal represents a significant legal setback for the activist, who had been freed pending further proceedings.

Legal Precedent and Ongoing Appeals

The appellate ruling aligns with a separate panel decision issued earlier this year against Mahmoud Khalil, a former Columbia University classmate of Mahdawi. Similar to the Khalil case, the appeals court declined to address the substantive merits of Mahdawi’s argument that he was unconstitutionally targeted specifically for his criticism of Israeli policies. The panel noted that Mahdawi may pursue federal court review of those constitutional claims once he has exhausted all available remedies within the immigration court framework.

Mahdawi, now 35 years old, continues to appeal an order of removal that the Board of Immigration Appeals issued against him. His legal representatives from the American Civil Liberties Union maintained that the government lacks authority to detain or deport their client while the appeals process remains ongoing. In a public statement following the ruling, Mahdawi characterized the decision as “a grave setback,” warning that it grants the government “the power to intimidate, censor, and punish dissent without meaningful restraint.” A Department of Homeland Security spokesperson did not immediately respond to requests for comment.

Background and Related Cases

Born in a refugee camp located in the Israeli-occupied West Bank, Mahdawi obtained legal permanent resident status in the United States in 2015. Immigration agents arrested him during a citizenship interview in April 2025, as part of the Trump administration’s broader campaign to expel noncitizens who publicly criticized Israel or participated in demonstrations opposing the war in Gaza. Following his release two weeks later, Mahdawi completed his studies and graduated from Columbia University.

During a September hearing before the 2nd Circuit, government attorneys presented arguments against releasing both Mahdawi and Rumeysa Ozturk, a Turkish doctoral student at Tufts University. Ozturk had been detained by masked federal agents after co-signing an op-ed critical of Israeli actions. Government lawyers contended that both students had improperly accessed habeas corpus relief, which they argued should remain unavailable to individuals whose cases are actively proceeding through immigration courts. Student attorneys countered that seeking relief from an immigration court system overseen by President Donald Trump’s Department of Justice offered minimal prospects for success.

“The appeals court decision is a grave setback, granting the government the power to intimidate, censor, and punish dissent without meaningful restraint.” — Mohsen Mahdawi

The 2nd Circuit court is anticipated to issue a separate ruling addressing Ozturk’s case in the near future, which may provide additional clarity on how appellate judges view habeas corpus petitions in immigration matters involving student activists.