The Fourth Circuit has affirmed a district court's exercise of habeas jurisdiction over the detention challenge brought by Dr. Badar Khan Suri, a Georgetown postdoctoral scholar detained by ICE and rapidly transferred across four detention facilities in multiple states after the Secretary of State determined that his social media activity concerning Gaza posed foreign policy consequences.
The Court held that the unknown-custodian exception and the exception drawn from Justice Kennedy's concurrence in Rumsfeld v. Padilla both independently supported jurisdiction in the Eastern District of Virginia, given the government's rapid and largely undisclosed movement of Suri and the district court's unchallenged findings of forum manipulation. The Court further held that none of 8 U.S.C. §§ 1252(g), 1252(b)(9), or 1252(a)(5) stripped the district court of jurisdiction, reasoning that Suri's detention and due process claims were legally distinct from, and did not arise from, the government's decision to commence removal proceedings, and expressly declining to follow the Third Circuit's contrary approach in Khalil v. President, United States.
The full text of Suri v. Trump can be found here: https://www.ca4.uscourts.gov/opinions/251560.P.pdf