If you hold a green card, one line from this case deserves close reading. The judge said the plaintiff “very well may have valid causes of action” — and dismissed his suit anyway. Not for lack of merit, but for lack of jurisdiction.
At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. Here is what was decided and what it means for a permanent resident.
What exactly happened?
On September 8, 2026, U.S. District Judge Loretta Preska in Manhattan dismissed the lawsuit brought by Imran Ahmed, 47, a British citizen and lawful permanent resident, challenging the administration’s efforts to detain and deport him.
Ahmed is the chief executive of the Center for Countering Digital Hate, a U.S.-based organization, and lives in Washington with his U.S. citizen wife and child. The administration imposed visa bans on him and four Europeans, arguing that their work on disinformation and hate speech amounts to censorship of American technology companies.
His claims were constitutional: First Amendment and due process. The judge acknowledged they might be valid, but concluded that a recent appellate precedent barred her from deciding them.
The temporary order preventing his detention remains in effect for five business days to allow an appeal.
Which precedent closed the door?
On July 31, 2026, the Second Circuit decided Mahdawi v. Trump (No. 25-1113). It applied the so-called “zipper clause” of the immigration statute — 8 U.S.C. § 1252(b)(9) — which channels claims tied to a removal proceeding into a single route: the petition for review before the court of appeals.
The reasoning was that when a detention challenge is intertwined with the grounds for removal, the district court loses jurisdiction over the habeas petition. The constitutional arguments do not disappear; they change forums.
Two important qualifications:
- The Second Circuit covers New York, Connecticut and Vermont. Not every circuit has ruled the same way, and there is disagreement among them about how far that clause reaches.
- This is a jurisdictional ruling, not a merits ruling. It does not say the claims are baseless; it says they must be filed where they belong.
Can a permanent resident be deported?
That is the question this case puts on the table, and the honest answer is a nuanced one.
- Permanent residence is a status, not immunity. Section 237(a) of the Immigration and Nationality Act lists grounds of deportability that do reach residents: certain criminal convictions, fraud in obtaining the status, and others.
- A visa and a status are different things. Revoking or denying a visa to someone who is already a resident does not by itself erase their status inside the country. They are separate acts with separate effects.
- Only an immigration judge can order the removal of a permanent resident in ordinary proceedings, after a Notice to Appear (NTA). A visa ban or a detention is not a deportation order.
- Review moves up a ladder: immigration court, then the Board of Immigration Appeals (BIA), then a petition for review in the federal court of appeals. That is the forum the Second Circuit precedent reaffirms.
- Never sign a Form I-407 or any document giving up your residence without talking to an attorney first. It is the fastest and most irreversible way to lose the status.
What can you do if you hold a green card?
- Keep digital copies of your green card, your approval record and any resolved criminal history.
- Get advice before traveling if you have prior convictions, long absences, or any open proceeding. Re-entry is when status gets scrutinized most.
- Update your address with USCIS within the legal deadlines: that is where notices arrive that start clocks running.
- If detained, sign nothing and ask to speak with an attorney. You have the right to remain silent.
- If you receive an NTA, do not ignore it. Missing a hearing can lead to an in absentia order.
Every file has its own history and deadlines; none of this replaces an individual review of your case.
Protect Your Residence with Campos Law Firm
This case shows something uncomfortable but useful: being right is not enough if the claim is filed in the wrong forum or after the deadline. In immigration matters, procedural strategy is as decisive as the underlying argument.
At Campos Law Firm we review your residence file, identify risks before they become proceedings, and litigate your defense in the forum that applies. We do not make unrealistic promises. We provide serious legal representation backed by preparation and integrity.
Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.
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