The Board of Immigration Appeals has reinstated deportation proceedings against pro-Palestinian student Mohsen Mahdawi, according to a court filing from his attorneys.
In February, Judge Nina Froes dropped the deportation case against the Columbia University student, ruling in part that the Department of Homeland Security failed to authenticate a memo allegedly signed by Secretary of State Marco Rubio claiming Mahdawi posed a threat to United States foreign policy.
The Trump administration appealed that decision and the BIA, which skews conservative, overturned Froes' decision.
he move reinstates deportation proceedings against Mahdawi, but it will be overseen by a different judge after Froes was terminated from her position. Her firing comes as critics of the Trump administration say it has sought to reshape immigration courts by replacing immigration judges in an attempt to ramp up deportations.
The Executive Office for Immigration Review did not immediately respond to ABC News' request for comment.
Mahdawi’s arrest is still being challenged in federal court, so the government can’t deport him for the moment, the ACLU said. He was detained in April 2025 when he arrived at his citizenship interview.
"The government continues to weaponize the immigration system to silence dissent," Mahdawi said in a statement. "But it cannot erase the Constitution or the First Amendment, which protects free speech for all. The government is trying to punish and deport me, a stateless Palestinian refugee from the occupied West Bank, because it opposes my peaceful advocacy for human dignity and equal rights for Palestinians. But I remain unafraid and faithful that justice will prevail in America and in Palestine."
Arguing for his detainment last spring, lawyers for the Trump administration pointed to a 2015 FBI investigation, in which a gun shop owner alleged that Mahdawi had claimed to have built machine guns in the West Bank to kill Jews.
However, the FBI closed that investigation and Mahdawi was never charged with any crime, a point a federal judge highlighted when he ordered Mahdawi's release in May 2025.
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