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IMMIGRATION MAY 23, 2025 | The Indian Eye 35
Judge Crawford ruled that Mahda- media, write op-eds, or publish re- those rights without fear of arrest, Martin Delaney & Ricci Law Group;
wi met the heightened standard by search that may come in the cross imprisonment, or deportation. Mah- and CLEAR. will continue to vig-
demonstrating a “substantial claim” hairs of this administration. There dawi himself urged his supporters to orously defend Judge Crawford’s
and “extraordinary circumstances” are also millions of foreign students “Stay positive and believe in the in- decision upholding the freedom to
under Mapp v. Reno. The substan- and noncitizens on temporary visas evitability of justice.” speak without fearing retaliation
tial claims asserted by Mahdawi who risk detention based on lawful The Trump administration has or punishment. We are inspired by
were the infringement of his First speech that the administration does already appealed this decision to the Mahdawi’s optimism and belief in
Amendment and due process rights, not like. As Judge Crawford stated Second Circuit Court of Appeals, the inevitability of justice.
as well as the impact of detention on in his decision, “Noncitizen resi- and the legal team representing
the efficacy of the habeas remedy. dents like Mr. Mahdawi enjoy First Mahdawi, which includes our law *Kaitlyn Box is a Partner
The extraordinary circumstanc- Amendment rights in this country to firm; the ACLU; ACLU of Vermont, at Cyrus D. Mehta &
es present in the instant case includ- the same extent as United States cit- Luna Droubi of Beldock Levine & Partners PLLC.
ed the lack of a flight risk or danger izens”. They must be free to exercise Hoffman LLP; Andrew Delaney of
to the community posed by Mahda- ___________________________________________________________________________________________________________________________________
wi, as well as the broader-reaching Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta
implications of permitting a lawful
permanent resident to be detained & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
based on protected speech. Judge mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
Crawford also took into consider- Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
ation the fact that Mahdawi’s arrest
after the naturalization interview of Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the
was a honey trap, stating that he Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
“presented himself at the USCIS Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
office in Colchester even though he
had suspicions that he would be de- on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
tained”. Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
There are over 12.7 million and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
lawful permanent residents in the
United States, many of whom may immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among
now fear that they will suffer the the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
same fate, if they post on social in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.
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