Palestinian-born man detained by ICE for nine months wins habeas corpus case
Jul 7, 2025 · Palestine/Kuwait
Hamza Mohamed Al-Kashif, born in Kuwait to Palestinian parents and thus stateless, entered the United States on September 5, 1982 with an F-1 student visa. He was ordered removed on July 18, 2007, with his removal order becoming final on December 12, 2007 when the Board of Immigration Appeals denied his appeal. He was designated for removal to Kuwait with Egypt as an alternative destination. After being released from ICE detention on July 3, 2008, Al-Kashif was re-detained on July 7, 2025 at a routine ICE check-in without notice or opportunity to contest the revocation of his release. Over nine months of continued detention, ICE made only one documented effort to secure travel documents—a letter sent to Egypt in January 2026, six months after his re-detention, with no response received. The court found no significant likelihood of removal in the reasonably foreseeable future and granted Al-Kashif's habeas corpus petition, ordering his immediate release on the same conditions as before his re-detention, with protections against re-detention without a pre-detention hearing and restrictions on removal to a third country without due process.
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