The Second Circuit has vacated a district court order releasing Mohsen Mahdawi, a lawful permanent resident and Columbia University student detained after the Secretary of State determined that his pro-Palestinian activism posed foreign policy consequences warranting removal. Mahdawi's habeas petition alleged that his detention and targeting for removal violated the First Amendment and due process.
The Court held that 8 U.S.C. § 1252(b)(9), the INA's "zipper clause," channels Mahdawi's claims into the petition-for-review process because his challenge to detention was, in substance, a challenge to the government's basis for removing him. Following the Third Circuit's reasoning in Khalil v. President, United States, the Court concluded that Mahdawi's detention and removal arguments were identical, that he could have sought release through an administrative Joseph hearing, and that channeling his claims did not foreclose meaningful review since he could raise them in his now-pending petition for review. The Court remanded with instructions to dismiss the habeas petition.
The full text of Mahdawi v. Trump can be found here: https://ww3.ca2.uscourts.gov/decisions/OPN/25-1113_complete_opn.pdf