Power Games

Appeals court reverses release of Columbia activist Mohsen Mahdawi

A federal appeals panel reversed a judge’s order freeing Mohsen Mahdawi. The decision clears the way for re-arrest while his immigration fights play out.

Why this matters: Tuesday’s ruling from the second US circuit court of appeals in New York City overturns a previous decision by a federal judge in Vermont, which likened the government’s efforts to expel him and other activists to McCarthyist repression.

What happened

A federal appeals panel in New York cleared the way to undo a judge’s order that had freed Mohsen Mahdawi. The court said the lower judge stepped in too soon before immigration courts finished their work.

means Mahdawi could be re-arrested while his case runs through immigration channels. The court did not rule on whether he was targeted for protesting Israel.

Who wins here

The main winner is the federal government and immigration authorities. They regain control over how and when cases move through immigration courts.

That gives officials more leverage over critics who are not US citizens. Civil liberties groups lose a legal shortcut that had protected some students.

How the play works

The court used a procedural rule. It said habeas corpus relief is not proper while an immigration case is active in the immigration system.

That pushes cases back into the immigration court track. Those courts are run by agencies aligned with the administration. So the appeals court limits outside federal judges from stepping in early.

Why it matters

This matters because it changes who can stop deportations quickly. If judges outside the immigration track cannot step in, people wait longer for relief.

For regular people, the cost is simple: less fast protection from removal. Activists who speak out risk longer detention or deportation while they appeal inside immigration courts.

What to watch next

Look for the Board of Immigration Appeals and the immigration court schedule for Mahdawi. Those steps will decide if he faces re-arrest or deportation.

Also watch for the second circuit’s separate ruling in the Öztürk case. That decision could set a wider rule on whether outside judges can grant early relief.

LensPower Games
TypeReporting
PublishedJuly 22, 2026
Read time3 min read
SourceThe Guardian
Where the facts come from

The facts in this story were first reported by The Guardian. What you're reading here is our take on what it means for power and for you.

Read the original at The Guardian
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