The Trump administration scored another big win as it strengthens Department of Homeland Security position in immigration enforcement by limiting district court intervention in detention cases tied to removal.

It also reduces the ability of individuals to secure quick releases through habeas petitions while removal proceedings are pending.
The U.S. Court of Appeals for the Second Circuit on Tuesday vacated a district judge’s order releasing Columbia University student Mohsen Mahdawi from Immigration and Customs Enforcement custody. They ruled that federal district courts generally lack jurisdiction over habeas petitions that challenge the legal basis for a noncitizen’s removal.
In a unanimous decision, the panel held that the Immigration and Nationality Act’s exclusive review scheme channels such claims — including constitutional challenges — through immigration courts and ultimately to a petition for review in the courts of appeals.

The court indicated Mahdawi could not bypass those limits by framing his case as a challenge to detention alone, because his claims attacked the government’s grounds for seeking removal.
The ruling, which applies in New York, Connecticut and Vermont, follows a similar decision by the Third Circuit.
IN GOD WE TRUST




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