Mohsen Mahdawi Could Be Re-Arrested After A Federal Appeals Court Reversed His Release Order

A three-judge panel of the 2nd U.S. Circuit Court of Appeals unanimously reversed a Vermont district court ruling Tuesday, opening the door to the re-arrest of Mohsen Mahdawi, the 35-year-old Palestinian green card holder and Columbia University graduate whose arrest at his citizenship interview in April 2025 became one of the most high-profile confrontations in the Trump administration's crackdown on foreign student protesters.

The 2nd Circuit did not rule on the merits of Mahdawi's case.

It ruled on jurisdiction, finding that the Vermont district judge had stepped outside his authority by ordering Mahdawi's release before his case had fully run through the immigration court system, which is overseen by the Department of Justice.

"We conclude that the district court should not have reached this question," wrote Circuit Judge Debra Ann Livingston for the panel.

The ruling mirrors an earlier 2nd Circuit decision against Mahmoud Khalil, Mahdawi's Columbia classmate, in the same legal fight.

The ACLU, which represents Mahdawi, said he was not expected to be taken back into custody immediately but that the ruling leaves detainees with no ability to challenge their detention in federal court while immigration proceedings continue.

"The government is claiming the unprecedented power to detain people for months or even years on end to censor their speech, with no ability to challenge their detention in court," ACLU attorney Michael Tan said.

Mahdawi has been free since 2025, graduated from Columbia and is appealing a removal order issued against him by the Board of Immigration Appeals in May.