ICE Habeas: Palestinian Man Detained in Texas Despite Order of Withholding

At a Glance

Date Filed: 

November 7, 2025

Current Status 

On April 13, 2016, the district court granted petitioner’s habeas and ordered Mr. Abushanab released within 48 hours after more than 20 months of detention.

Co-Counsel 

Texas A&M School of Law Legal Clinics

Client(s) 

Mohammad Abushanab

Case Description 

Mohammad Abushanab is a 27-year-old Palestinian man who was born in Tulkarm in the West Bank and has spent nearly 16 months in immigration detention. He came to the United States in July of 2024 to seek asylum after facing harassment and threats as a Palestinian Muslim living in the West Bank.

On February 3, 2025, he was granted withholding of removal and protection under the Convention Against Torture (CAT) by an immigration judge based on the finding that he would face persecution if returned to Palestine. Despite being granted humanitarian relief, Mr. Abushanab remains in the custody of Immigration and Customs Enforcement. He has been in post-removal detention since March 5. 2025.

Mr. Abushanab has engaged in various hunger strikes and is enduring harassment from guards including threats about deporting him to Israel and other third countries. He needs to be released from detention in order to maintain his physical and mental health. 

Mr. Abushanab’s withholding of removal order has been final since March 5, 2025, yet he has been subjected to eight months of unexplained detention. His habeas petition challenges his indefinite detention as a violation of the Immigration and Nationality Act (INA) and  his constitutional due process rights under the Due Process Clause of the Fifth Amendment.



Case Timeline

April 13, 2026
Court order granting petitioner’s writ of habeas corpus
April 13, 2026
Court order granting petitioner’s writ of habeas corpus
December 11, 2025
Petitioner's response in opposition to respondent's motion for summary judgment
December 11, 2025
Petitioner's response in opposition to respondent's motion for summary judgment
December 3, 2025
Respondent's motion for summary judgment with sworn declaration
December 3, 2025
Respondent's motion for summary judgment with sworn declaration
November 7, 2025
Compliant filed
November 7, 2025
Compliant filed