The U.S. Court of Appeals for the Fourth Circuit has handed down a ruling that reshapes detention litigation in its circuit. A 2-1 panel ruled that federal immigration law did not bar a lower-court judge from ordering Badar Khan Suri released after hearing his claims that his detention violated his due process and free speech rights under the U.S. Constitution.
What changed
The 4th U.S. Circuit Court of Appeals ruled that federal immigration law did not bar a lower-court judge from ordering Badar Khan Suri released after hearing his claims that his detention violated his due process and free speech rights under the U.S. Constitution. Khan Suri, an Indian citizen, had been arrested by immigration authorities in March 2025 as the Trump administration pursued a campaign to detain and deport foreign nationals who had engaged in pro-Palestinian activism on their college campuses.
The Trump administration had asked the appeals court to overturn the district judge’s order, arguing that immigration law stripped the district court of jurisdiction to hear the case. The appeals court rejected the Trump administration’s request to move the case from Virginia to Texas. “If a noncitizen is challenging their detention pending removal, then waiting for their removal proceedings does them no good. They have already been detained, allegedly in violation of the Constitution,” the court wrote in its ruling.
Notably, the 4th Circuit decision conflicts with rulings from other circuits on the same issue. Two other federal appeals courts have recently overturned decisions by lower-court judges that had led to the release of pro-Palestinian campus activists who had attended Columbia University, Mahmoud Khalil and Mohsen Mahdawi. But the 4th Circuit panel disagreed with those courts’ conclusions that immigration law stripped lower-court judges of jurisdiction to hear a case like Suri’s.
Why it matters
You now have binding authority in the Fourth Circuit (which covers Virginia, North Carolina, South Carolina, and West Virginia) that district courts retain jurisdiction to hear habeas corpus petitions and constitutional challenges to detention even when ICE is pursuing removal proceedings. This is a significant win for practitioners litigating detention on First Amendment, due process, and other constitutional grounds.
The split among circuits suggests this issue will eventually reach the Supreme Court. Until then, practitioners outside the 4th Circuit should monitor how other circuits are ruling and be prepared to cite Suri as persuasive authority in circuits that have not yet weighed in.
For noncitizens detained by ICE on speech-related grounds, the ruling means that you and your counsel can now seek immediate release in district court without waiting for immigration court proceedings to run their course—a much faster path than exhausting administrative remedies.
Way forward
- If your client is detained on speech grounds: File a habeas petition in district court within the 4th Circuit immediately rather than waiting for immigration court proceedings.
- Cite this precedent widely: If you represent clients outside the 4th Circuit facing similar detention, use Suri as persuasive authority that district courts have jurisdiction and that constitutional claims must be heard on the merits.
- Monitor Supreme Court docket: Given the circuit split, watch for any cert. petitions or grants in related cases that might bring this issue before SCOTUS.
- Document the retaliation narrative: The court focused on whether detention was pretextual or retaliatory. Ensure your factual record clearly establishes timing and motivation behind ICE’s arrest.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Fola is a software company, not a law firm. Consult a licensed immigration attorney in your jurisdiction to discuss your specific situation and how this ruling may apply to you. Court decisions and agency policy can change without notice. Always verify the current law against the primary source and applicable precedent in your circuit before taking action.