A federal appeals court said on Tuesday that a judge wrongly released a pro-Palestinian protester, Mohsen Mahdawi, whom the Trump administration arrested and moved to deport last year.
In a 3–0 decision, the U.S. Court of Appeals for the Second Circuit said the judge lacked jurisdiction to rule on Mahdawi’s arguments that the administration violated his constitutional rights.
Instead, federal law required the judge to allow a separate immigration court to process Mahdawi’s case, U.S. Circuit Judge Debra Ann Livingston said in an opinion joined by her colleagues.
Livingston pointed to a section of the Immigration and Nationality Act that barred judicial review of removal cases like Mahdawi’s. The appeals court judges, however, did not order that the man be taken back into custody….