The First Circuit has affirmed the dismissal, for lack of jurisdiction, of a habeas petition brought by a Lebanese physician in H-1B status who was placed in expedited removal at Boston Logan Airport in March 2025 and had her visa revoked at the port of entry. After her release, she amended her petition to seek a declaration that the expedited removal order was void because the officers who issued it were not validly appointed, along with a hearing before an Immigration Judge and relief under the Administrative Procedure Act.
The court held that she was an "applicant for admission," so expedited removal under 8 U.S.C. § 1225(b)(1) applied, and that 8 U.S.C. § 1252(a)(2)(A)(i) bars review of expedited removal orders unless an exception in § 1252(e)(2) applies. Under § 1252(e)(5), review through the § 1252(e)(2)(B) exception is limited to whether an order "in fact was issued and whether it relates to the petitioner." Because the physician challenged the validity of the order rather than whether it was issued, the exception did not apply. The court rejected her Suspension Clause argument for similar reasons, relying on Department of Homeland Security v. Thuraissigiam, and did not reach mootness or the merits of the Appointments Clause claim.
The full text of Alawieh v. Mullin can be found here: https://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/25-2238P-01A.pdf