Fourth Circuit Allows District Courts to Hear Detention Challenges Tied to Removal Cases
A divided Fourth Circuit ruled on July 23 that federal district courts retain jurisdiction to hear habeas challenges to immigration detention even when removal proceedings are pending, keeping Georgetown scholar Badar Khan Suri's release order intact. The decision directly conflicts with Third and Second Circuit rulings in the Mahmoud Khalil and Mohsen Mahdawi cases, which held that such claims must proceed through the immigration system's petition-for-review process. The split concerns only the procedural question of where detainees may challenge their confinement, not whether the government may ultimately remove any of the three men.