Withholding of removal is at the center of the case of Ann Lawani, a California nursing professor held by Immigration and Customs Enforcement (ICE) since September 16, 2026. At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. Her case shows why this protection is not the same as having legal status.
Here is what we know, what we do not know yet, and what you can do.
What Happened to Ann Lawani?
Lawani, 39, was born in Nigeria. She directs a master’s nursing program at the University of San Francisco and works as a nurse at John Muir Health, according to Nurse.org. ICE agents arrested her outside her home in Lodi, where she cares for her 83-year-old father. According to USA Today, she was moved through Stockton, Bakersfield, and El Paso to Louisiana; TheGrio places her at the South Louisiana ICE Processing Center.
The Department of Homeland Security (DHS) says Lawani entered in 2007 on a visitor visa, applied for asylum, was denied, and received a final order of removal on August 6, 2013. “She will remain in ICE custody pending removal from the United States,” DHS said, according to USA Today.
Her attorney, Natalia Vieira Santana, confirms the order but says the same judge granted withholding of removal to Nigeria that day, and that Lawani holds work authorization through 2029. According to Nurse.org, DHS did not appeal that decision. The Guardian reported on the case on November 12.
What Is Withholding of Removal?
It is a protection under immigration law (INA 241(b)(3)) that bars removing a person to a country where their life or freedom would be threatened because of race, religion, nationality, political opinion, or membership in a particular social group. It requires showing that persecution is more likely than not, a higher bar than asylum.
What it does not do is just as important. Unlike asylum, it does not lead to a green card, does not let you petition for relatives, and does not authorize travel. The judge first orders removal and then “withholds” it only as to that country. That is why a final order and this protection can coexist: both sides of the story can be true at once. The Supreme Court explained this in Johnson v. Guzman Chavez (2021): the protection is country-specific and does not erase the order.
Why Can Someone With This Protection Be Detained or Sent Elsewhere?
With a final order, the government can detain a person to carry out removal. If it cannot send the person to their home country, it usually releases them under supervision. But ICE can try to remove the person to a third country willing to accept them. In a letter to DHS Secretary Markwayne Mullin, Rep. Josh Harder said ICE sought to send Lawani to an undisclosed third country; DHS has not named one.
According to the Congressional Research Service, the third-country removal policy remains in effect while the Supreme Court reviews DHS v. D.V.D., with oral argument scheduled for December 9, 2026. We explained it in our article on a Venezuelan woman with this protection deported to Africa.
What Role Does Habeas Corpus Play?
Habeas corpus is a petition asking a federal court to review whether a detention is lawful. It does not decide whether a person can stay in the country; it decides whether they can stay locked up. According to Nurse.org, Lawani’s lawyers filed it on September 18 in California. On September 29, the judge barred her removal while weighing whether ICE followed the steps required before re-detaining someone who had been released.
Those rules (8 CFR 241.4(l)) require notice of the reasons and a prompt informal interview. And since Zadvydas v. Davis, detention after a final order has limits when removal is not reasonably foreseeable. As of November 11, there was no ruling. We covered how these petitions work in our article on immigration habeas corpus in Washington.
What Can You Do If You Have This Protection?
- Keep a copy of the judge’s decision: store the withholding order and your work permit safely, and give a copy to your family.
- Attend every supervision check-in: missing one can be used as a reason to detain you.
- Say clearly if you fear going to another country: under ICE policy, you must raise that fear yourself; officers will not ask.
- Have an attorney lined up: if you are detained, every day counts to seek habeas corpus or a stay in court.
- Do not sign anything without legal advice: especially documents about your transfer or removal.
Protect Your Immigration Status with Campos Law Firm
Having protection from removal is not the same as having status, and a case closed years ago can come back. We do not make unrealistic promises: we provide serious legal representation backed by preparation and integrity. Our team of immigration attorneys can review your file and prepare you before an ICE check-in.
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.
With information from USA Today, Nurse.org, ABC7, TheGrio, The Guardian and the Congressional Research Service.
