Case: Alawieh v. Tweedie

1:25-cv-10614 | U.S. District Court for the District of Massachusetts

Filed Date: March 14, 2025

Closed Date: Oct. 31, 2025

Clearinghouse coding complete

Case Summary

This case challenges the federal government's detention and removal of a lawful visa holder without process. The petitioner is a doctor (a specialist in transplant nephrology) who spent several years in the United States, including working and teaching at Brown University Health, under an H-1B visa. In February 2025, after over six-and-a-half years of lawful, continuous U.S. residency, she left the country to vacation and visit family in Lebanon. Her visa to return was approved in March 2025. H…

This case challenges the federal government's detention and removal of a lawful visa holder without process. The petitioner is a doctor (a specialist in transplant nephrology) who spent several years in the United States, including working and teaching at Brown University Health, under an H-1B visa. In February 2025, after over six-and-a-half years of lawful, continuous U.S. residency, she left the country to vacation and visit family in Lebanon. Her visa to return was approved in March 2025. However, when she flew to Boston, instead of allowing her to enter, agents of U.S. Customs and Border Protection (“CBP”) took custody of Dr. Alawieh, confiscated her phone, cancelled her H-1B visa, and subjected her to expedited removal. 

Through a friend, Dr. Alawieh filed a Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief (“Emergency Petition”), on March 14, 2025, while she was still in CBP custody at Boston Logan International Airport. The case was assigned to District Judge Leo T. Sorokin.  

The petition alleged that Dr. Alawieh’s detention was without justification and without permitting her access to counsel. The named defendants included Kristi Noem (Secretary of the Department of Homeland Security), Peter R. Flores (Commissioner of CBP), Marco Rubio (U.S. Secretary of State), and the Field Director of the CBP Boston Field Office. The complaint alleged violations of the Fifth Amendment’s guarantees of procedural and substantive due process, the Administrative Procedure Act ("APA"), and the Immigration and Nationality Act ("INA"). It sought a writ of habeas corpus, an emergency stay of removal, access to counsel, and attorneys’ fees.

About a half hour after the petition was filed, the court issued an order prohibiting defendants from moving Dr. Alawieh outside the District of Massachusetts without first providing the Court at least 48 hours’ advance notice. The court also scheduled an emergency hearing for March 17, 2025. However, the government did not follow that order: it removed Dr. Alawieh at 7:45 pm EDT on March 14, 2025. (She is currently in Lebanon.) Judge Sorokin ordered the government to submit a detailed explanation by 8:30 a.m. on March 17 and preserve all communications and records related to the removal.

According to the government’s response, CBP officers at Logan Airport were not informed of the court’s order until after Dr. Alawieh had already been deported. The government maintained that it did not intentionally violate the order. On March 17, the court canceled the scheduled hearing and set a schedule for future proceedings, which was subsequently extended.

On May 5, Dr. Alawieh filed a First Amended Habeas Petition and Complaint for Declaratory and Injunctive Relief, expanding the claims and naming additional defendants, including the Secretary of DHS.

The amended petition alleges the CBP officials' unreviewed decision to cancel the petitioner’s visa violated the Appointments Clause because they were low-level employees, not appointed by either the President or the Secretary of Homeland Security. The petitioner claims their expedited removal under 8 U.S.C. § 1225(b)(1) was improper; and they should have received the protections of the standard removal proceedings under 8 U.S.C. § 1229a. To the extent that 8 U.S.C. § 1252(e) strips judicial review of this claim, its application would violate the Suspension Clause. The plaintiff sought: vacatur of the expedited removal order, reinstatement of her H-1B visa, declaratory and injunctive relief, and attorneys’ fees and costs.

On June 23, the respondents filed their response, arguing that the court lacked jurisdiction and that any claims that were properly brought in habeas are moot. To which, the petitioner argued that the court still has habeas jurisdiction by relying on the Suspension Clause, collateral effects of her expedited removal order, and the Appointments Clause violation.  

On August 26, the plaintiffs filed a notice of supplemental authority based on the court's recent decision in Kennedy v. Braidwood Management, 606 U.S. ____, 145 S. Ct. 2427 (June 27, 2025).

On October 31, the court dismissed the habeas petition because it lacked jurisdiction to issue the requested relief. Because the petitioner invoked the court’s habeas jurisdiction, she had to satisfy the custody requirement. The court found that, though she was in custody at the time the petition was filed, she was subsequently released from custody, placed on a departing flight, and removed from the US. With that, her executive detention ended. Thus, the court determined that the petitioner sought to be released from an order of expedited removal and conditions arising out of an inability to return to the U.S., not to be released from confinement. This rendered her habeas petition moot and stripped the court of jurisdiction to issue relief. Additionally, the court found that respondents did not knowingly violate the Court’s order that prohibited removal of the petitioner absent forty-eight-hour notice, given the rapidly evolving nature of events at the airport.  

Summary Authors

Karma Karira (5/7/2025)

Liv Akkerman-Byram (6/20/2025)

Zainab Mustafa (9/22/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69741237/parties/alawieh-v-noem/


Judge(s)
Expert/Monitor/Master/Other

Clem, Joshua (Massachusetts)

Fakhimi, Golnaz S. (Massachusetts)

Freedman, John A. (Massachusetts)

Habashi, Kelark Azer (Massachusetts)

Lee, Eric Thompson (Massachusetts)

Documents in the Clearinghouse

Documents in this case
1

1:25-cv-10614

Verified Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief

Chehab v. Noem

March 14, 2025

March 14, 2025

Complaint
4

1:25-cv-10614

Order

March 14, 2025

March 14, 2025

Order/Opinion
5

1:25-cv-10614

Standing Procedural Order Re: Public Access to Immigration Cases Restricted by Fed. R. Civ. P. 5.2(C)

March 14, 2025

March 14, 2025

Order/Opinion
10

1:25-cv-10614

Notice (Other)

March 15, 2025

March 15, 2025

Other
34

1:25-cv-10614

First Amended Habeas Petition and Complaint for Declaratory and Injunctive Relief

May 5, 2025

May 5, 2025

Complaint
46

1:25-cv-10614

Memorandum of Law in Support of First Amended Habeas Petition and Complaint for Declaratory and Injunctive Relief

May 19, 2025

May 19, 2025

Pleading / Motion / Brief
50

1:25-cv-10614

Response in Opposition to Petitioner's Amended Habeas Corpus Petition and Complaint and Supporting Memorandum of Law

Alawieh v. Noem

June 23, 2025

June 23, 2025

Pleading / Motion / Brief
53

1:25-cv-10614

Petitioner's Reply Memorandum of Law in Support of First Amended Habeas Petition and Complaint for Declaratory and Injunctive Relief

July 11, 2025

July 11, 2025

Complaint
60

1:25-cv-10614

Order on First Amended Habeas Petition and Complaint for Declaratory and Injunctive Relief (Doc. No. 34(

Oct. 31, 2025

Oct. 31, 2025

Order/Opinion

2025 WL 3171170

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69741237/alawieh-v-noem/

Last updated April 20, 2026, 4:07 a.m.

ECF Number Date Description Link
1 March 14, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-10893468 Fee status: Filing Fee paid., filed by Yara Chehab. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Marzouk, Stephanie) (Entered: 03/14/2025)

1 Category Form

View on PACER

2 Civil Cover Sheet

View on PACER

Clearinghouse
2 March 14, 2025

EXHIBIT re 1 Petition for Writ of Habeas Corpus (2241) Exhibits 1, 2, 3 by Yara Chehab. (Marzouk, Stephanie) (Entered: 03/14/2025)

RECAP
3 March 14, 2025

ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jessica D. Hedges. (CM) (Entered: 03/14/2025)

RECAP
4 March 14, 2025

District Judge Leo T. Sorokin: ORDER entered. STANDING ORDER on 2241 petitions regarding detention and removal of the Petitioner from the District of Massachusetts. (Currie, Haley) (Entered: 03/14/2025)

Clearinghouse
5 March 14, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (Currie, Haley) (Entered: 03/14/2025)

Clearinghouse
6 March 14, 2025

ELECTRONIC NOTICE of Hearing. Today a verified petition was filed on behalf of Dr. Alawieh alleging Dr. Alaweih was being held by the United States at Logan Airport, specifically by Customs and Border Protection, notwithstanding having a visa issued authorizing her entry into the United States to work at Brown University. The Court will hold an in-person hearing on Monday March 17, 2025 at 10:00 a.m. If Dr. Alaweih remains in the custody of the United States, she shall be brought to this in-person hearing by the United States. Whether or not she is in custody of the United States, the Court anticipates proceeding with the hearing at which the United States shall explain the basis for the custody. The Clerk shall provide this notice to the duty AUSA as well as the Chief of the Civil Division of the USAO.Hearing set for 3/17/2025 10:00 AM in Courtroom 13 (In person only) before District Judge Leo T. Sorokin. (Sorokin, Leo) Modified on 3/17/2025 (SED). (Entered: 03/14/2025)

RECAP
March 14, 2025

Notice of Case Assignment

March 14, 2025

Notice of Hearing

7 March 15, 2025

NOTICE of Pro Bono Attorney Appearance by John A. Freedman on behalf of Yara Chehab (Freedman, John) (Entered: 03/15/2025)

RECAP
8 March 15, 2025

MOTION for Leave to Appear Pro Hac Vice for admission of Clare A. Saunders Filing fee: $ 125, receipt number AMADC-10893683 by Yara Chehab.(Freedman, John) (Entered: 03/15/2025)

RECAP
9 March 15, 2025

ELECTRONIC NOTICE of Hearing: Hearing set for 3/17/2025 10:00 AM in Courtroom 13 (In person only) before District Judge Leo T. Sorokin. (SED) (Entered: 03/15/2025)

RECAP
10 March 15, 2025

NOTICE by Yara Chehab (NOTICE OF APPARENT VIOLATION OF COURT ORDER & EMERGENCY REQUEST FOR JUDICIAL ACTION) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Freedman, John) (Entered: 03/15/2025)

Clearinghouse
11 March 15, 2025

MOTION for Leave to Appear Pro Hac Vice for admission of Andrew T. Tutt Filing fee: $ 125, receipt number AMADC-10893767 by Yara Chehab.(Freedman, John) (Entered: 03/15/2025)

RECAP
March 15, 2025

Notice of Hearing

12 March 16, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. On Friday Yara Chehab filed a habeas corpus petition. Petitioner alleges, by way of a verified petition, that Dr. Alawieh possesses a valid visa authorizing her entry into the United States, that she had been detained at Logan Airport for approximately 36 hours and that she would be removed from the United States that evening. Subsequent filings indicate Dr. Alaweie was removed. The government shall file a response to these allegations by 8:30 a.m Monday March 17, 2025 so that it is available to the Court and the petitioner in advance of the previously scheduled hearing at 10:00 a.m. on March 17, 2025.There is a second issue before the Court. Shortly after the filing of the petition the Court ordered that Dr. Alawieh, the subject of the petition, shall not be removed from the District of Massachusetts without forty-eight hours prior notice to the Court so that the Court could consider the issues raised in the petition. The issuance of this Order is common practice in this district as it has been for years. In a motion filed yesterday, Petitioner alleges that Customs and Border Patrol received actual notice of the Court’s Order described above and nonetheless thereafter “willfully” disobeyed the Order by sending her out of the United States. These allegations are supported by a detailed and specific timeline in an under oath affidavit filed by an attorney. The government shall respond to these serious allegations with a legal and factual response setting forth its version of events. This response is also due by 8:30 a.m. Monday March 17, 2025 so that it is available to the Court and the petitioner in advance of the hearing on Monday. In addition, the government shall preserve all of the documents bearing on Dr. Alawieh’s arrival and removal since the issuance of the visa described in the Petition including emails and text messages. The Clerk shall email this Order to AUSAs Sady and Farquhar as well as the Chief of the Civil Division of the USAO.(SED) (Entered: 03/16/2025)

RECAP
13 March 16, 2025

MOTION for Leave to Appear Pro Hac Vice for admission of R. Stanton Jones Filing fee: $ 125, receipt number AMADC-10893820 by Yara Chehab.(Freedman, John) (Entered: 03/16/2025)

RECAP
14 March 16, 2025

MOTION to Withdraw as Attorney by Yara Chehab.(Freedman, John) (Entered: 03/16/2025)

RECAP
15 March 16, 2025

MOTION to Continue Hearing by Yara Chehab.(Marzouk, Stephanie) (Entered: 03/16/2025)

RECAP
March 16, 2025

Order

16 March 17, 2025

ANSWER to Complaint by Kristi Noem, Peter R. Flores, Marco Rubio, John Doe. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sady, Michael) (Entered: 03/17/2025)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

3 Exhibit C

View on RECAP

RECAP
17 March 17, 2025

NOTICE of Appearance by Mark Sauter on behalf of Kristi Noem, Peter R. Flores, Marco Rubio, John Doe (Sauter, Mark) (Entered: 03/17/2025)

RECAP
18 March 17, 2025

NOTICE of Appearance by Michael P. Sady on behalf of Kristi Noem, Peter R. Flores, Marco Rubio, John Doe (Sady, Michael) (Entered: 03/17/2025)

RECAP
19 March 17, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered.On Friday March 14, 2025 a habeas petition was filed on behalf of Dr. Rasha Alawieh after which the Court, per standard practice, issued an Order directing that Dr. Alawieh not be removed from the district without forty-eight hours notice to the Court. This Order issued at 7:18 p.m., thereafter the Clerk’s Office transmitted the Order to the United States Attorney’s Office. The Court also scheduled a hearing on the petition for Monday March 17, 2025 at 10:00 a.m. On Sunday March 16, 2025, in response to allegations by counsel for the petitioner that the government had allegedly “willfully” disobeyed the Court’s Order, Doc. No. 10, the Court directed a response from the government due this morning. Late in the evening on March 16, 2025, the lawyers filing this allegation moved to withdraw from this case stating that “as a result of further diligence, they no longer represent[] the petitioner”. The Motion to Withdraw is ALLOWED and the related pro hac vice motions are TERMINATED AS WITHDRAWN. Petitioner’s remaining lawyer simultaneously filed a motion asking the Court continue the hearing scheduled for today noting both a change in circumstance (Dr. Alawieh is now in Lebanon) and that new lawyers requiring additional time to prepare will be appearing. Meanwhile, the government has responded to the Petition by requesting its dismissal. The government has also responded to the allegations made by withdrawn counsel that CBP disobeyed the Court’s Order. The Court appreciates the prompt response by the government. Supported by an affidavit from the CBP Watch Commander, the government explains that CBP Officers at Logan did not receive notice of the Court’s Order from their legal counsel until after Dr. Alawieh “had already departed the United States” and that “[a]t no time would CBP not take a court order seriously or fail to abide by a court’s order.” In light of all of the foregoing the Court ALLOWS the Motion to Continue, CANCELS the hearing scheduled for today, provides the government until March 24, 2025, to supplement its response to the extent it wishes regarding the factual allegations on the notice issue, and directs Petitioner to respond, by March 31, 2025, to the request by the government to dismiss the petition. (SED) (Entered: 03/17/2025)

RECAP
20 March 17, 2025

Emergency MOTION to Seal Document 16 Answer to Complaint and all exhibits by Yara Chehab.(Marzouk, Stephanie) (Entered: 03/17/2025)

RECAP
21 March 17, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Petitioner has filed a motion to seal the response of the government to the petition, including the exhibits to the response. Those documents shall remain sealed while the motion remains pending. (SED) (Entered: 03/17/2025)

RECAP
March 17, 2025

Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion to Continue AND Order on Motion to Withdraw as Attorney

March 17, 2025

Order

22 March 28, 2025

First MOTION for Leave to Appear Pro Hac Vice for admission of GOLNAZ FAKHIMI Filing fee: $ 125, receipt number AMADC-10918904 by Yara Chehab. (Attachments: # 1 Supplement DECLARATION OF GOLNAZ FAKHIMI IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE)(Marzouk, Stephanie) (Entered: 03/28/2025)

RECAP
23 March 28, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 22 Motion for Leave to Appear Pro Hac Vice Added Golnaz Fakhimi. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 03/28/2025)

RECAP
24 March 28, 2025

NOTICE of Appearance by Golnaz Fakhimi on behalf of Yara Chehab (Fakhimi, Golnaz) (Entered: 03/28/2025)

RECAP
March 28, 2025

Order on Motion for Leave to Appear

25 March 31, 2025

MOTION for Extension of Time to May 5, 2025 to File an amended/petition or otherwise respond to Resp'ts' March 17, 2025, filing, if no amended petition/complaint is otherwise filed by Yara Chehab. (Attachments: # 1 Decl. of Golnaz Fakhimi, # 2 Proposed Order)(Fakhimi, Golnaz) (Entered: 03/31/2025)

RECAP
26 March 31, 2025

Proposed Document(s) submitted by Yara Chehab. Document received: Corrected Proposed Order. (Fakhimi, Golnaz) (Entered: 03/31/2025)

RECAP
27 April 1, 2025

CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 25 MOTION for Extension of Time to May 5, 2025 to File an amended/petition or otherwise respond to Resp'ts' March 17, 2025, filing, if no amended petition/complaint is otherwise filed, 26 Proposed Document(s) submitted by Golnaz Fakhimi on behalf of Yara Chehab. (Fakhimi, Golnaz) (Entered: 04/01/2025)

RECAP
28 April 1, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Petitioner has filed a motion, Doc. No. 25, requesting that the Court: (1) modify the case caption to substitute Rasha Alewieh as the sole petitioner; (2) set a deadline of 5/5/25 for Petitioner to file either an amended petition or a response to Respondents’ Response to Habeas Petition and Court Order, Doc. No. 16 ; and (3) order the parties to confer and file a status report with their joint or separate positions regarding a briefing schedule by 5/12/25. Petitioner represents that Respondents do not oppose request (1), Respondents do not oppose request (2) to the extent of setting a deadline of 4/21/25 for Petitioner to file any amended petition or response and “have not otherwise conveyed their non-opposition,” and Respondents “may be open to considering” request (3). Accordingly, the Court: (1) amends the case caption to remove Yara Chehab and name Rasha Alawieh as the sole petitioner; (2) allows Petitioner until 5/5/25 to file either an amended petition or a response; and (3) orders the parties to submit a status report on the schedule for briefing by 5/12/25. As to (2) and (3), Petitioner’s requests are ALLOWED WITHOUT PREJUDICE to Respondents filing an objection to the period of time allotted for each, provided that any such objection: (1) is filed by COB Friday, 4/4/25; and (2) includes a statement of the reason(s) for the request for a shorter period.(FGD) (Entered: 04/01/2025)

RECAP
29 April 1, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. On 3/17/25, Petitioner filed an Emergency Motion to Seal Respondents’ Response to Habeas Petition and Court Order and the attached exhibits. Doc. No. 20 . Although Respondents indicated to the Clerk that they intended to file an opposition to this motion, they failed to file either a response or a motion to continue within the fourteen days allotted by Local Rule 7.1(b)(2). Accordingly, Respondents shall now respond to the Emergency Motion to Seal no later than COB Friday 4/4/2025.(FGD) (Entered: 04/01/2025)

RECAP
April 1, 2025

Order AND ~Util - Set Deadlines AND ~Util - Terminate Motions

April 1, 2025

Order

30 April 2, 2025

RESPONSE to Motion re 20 Emergency MOTION to Seal Document 16 Answer to Complaint and all exhibits filed by Kristi Noem, Peter R. Flores, Marco Rubio, John Doe. (Sady, Michael) (Entered: 04/02/2025)

RECAP
31 April 2, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 20 Emergency MOTION to Seal Document 16 Answer to Complaint and all exhibits. The government has stated that it does not oppose Petitioner’s Emergency Motion to Seal. Doc. No. 30. Therefore, despite the “presumption that the public has a common-law right of access to judicial documents,” In re Providence J. Co., 293 F.3d 1, 9 (1st Cir. 2002), the Court ALLOWS the Motion, Doc. No. 20, as unopposed, without prejudice to the Court revisiting the sealing issue at a later stage of the proceedings. (SED) (Entered: 04/02/2025)

RECAP
April 2, 2025

Order on Motion to Seal Document

32 April 3, 2025

Letter/request (non-motion) from John A. Hawkinson regarding sealing and 20 Emergency MOTION to Seal Document 16 Answer to Complaint and all exhibits. (FGD) (Entered: 04/03/2025)

RECAP
33 April 4, 2025

District Judge Leo T. Sorokin: ORDER entered. On the morning of Monday, March 17, 2025, the government filed a response to the original habeas petition, accompanied with several exhibits. Doc. No. 16. The documents were available at the courthouse, but not online per the Courts General Order 19-02, Doc. No. 5. Reporters and/or members of the public subsequently viewed the documents as well as reported on them. Counsel for Petitioner then filed a brief emergency motion to seal. Doc. No. 20. The Court allowed it. Doc. No. 21. While the government indicated that it anticipated opposing the motion, see Doc. No. 29, it failed to respond at all. Accordingly, after the time to respond expired, the Court directed it do so. Id. The government then stated it did not oppose the motion. Doc. No. 30. The Court allowed the motion as unopposed, without prejudice to the Court revisiting the sealing issue at a later stage of the proceedings. Doc. No. 31. John Hawkinson, a self-described reporter filed a response. Doc. No. 32. Mr. Hawkinson correctly notes that sealing orders should be supported by particularizing findings. Doc. No. 32 at 2; United States v. Kravetz, 706 F.3d 47, 60 (1st Cir. 2013) (Appellate courts have on several occasions emphasized that upon entering orders which inhibit the flow of information between courts and the public, district courts should articulate on the record their reasons for doing so."). Both the Courts order as well as the parties filings lacked such findings. Mr. Hawkinson also suggests that none of the documents (all of which he reviewed prior to the sealing order) contain the type of information ordinarily sealed from public view. Doc. No. 32 at 2.Accordingly, the Court directs counsel for petitioner to show cause why the Court should not unseal the sealed documents pursuant to controlling caselaw and Local Rule 83.6.11. Because the matter is not urgent, the response to this Order is due on May 5, 2025. The government shall file a response within seven days thereafter.(FGD) Modified on 4/4/2025: Corrected docket text. (FGD) (Entered: 04/04/2025)

RECAP
April 4, 2025

Order To Show Cause

34 May 5, 2025

FIRST AMENDED HABEAS PETITION AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Kristi Noem, Peter R. Flores, Tweedie, Kane, Caroline R. Tully, John/Jane Doe, Pamela Bondi filed by Rasha Alawieh.(Fakhimi, Golnaz) Modified docket text on 5/6/2025 (FGD). (Entered: 05/05/2025)

Clearinghouse
35 May 7, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Dr. Alawieh no longer seeks to keep the government’s March 17, 2025, filing, Doc. No. 16, sealed. Accordingly, the government is relieved of its obligation to respond to Dr. Alawieh’s position on sealing, and that document and its exhibits are UNSEALED. In addition, Dr. Alawieh takes no position on the application of Rule 5.2(c) to this case, which limits electronic access to case filings in certain immigration-related cases “[u]nless the court orders otherwise.” Accordingly, the Court orders that the provisions of that subsection no longer apply to this case, unless a party so requests by a motion supported by good cause. Similarly, further filings in this case shall not be sealed unless a party files a motion to seal supported by good cause.(SED) (Entered: 05/07/2025)

RECAP
May 7, 2025

Order

36 May 12, 2025

STATUS REPORT by Rasha Alawieh. (Fakhimi, Golnaz) (Entered: 05/12/2025)

RECAP
37 May 13, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re 36 Status Report.Dr. Alawieh has filed an amended petition titled “First Amended Habeas Petition and Complaint for Declaratory and Injunctive Relief.” Doc. No. 34 . In this document, Dr. Alawieh: (1) advances two “habeas” claims; (2) invokes federal question jurisdiction; and (3) challenges various actions taken while she was at Logan Airport seeking entry into the United States. The parties propose competing schedules. See Doc. No. 35 . Dr. Alawieh proposes she first file a brief supporting the merits of the claims in her Amended Petition, followed by a response from defendants, and then her reply. Defendants propose they respond to the petition first. After due consideration, the Court adopts the process suggested by Dr. Alawieh. Accordingly, by May 16, 2025, Dr. Alawieh shall file a memorandum of law supporting her Amended Petition. By June 9, 2025, Defendants shall file a memorandum of law responding to Dr. Alawieh’s memorandum. Both of these memoranda shall be limited to twenty pages in length, absent prior Court authorization for a longer submission. Dr. Alawieh may file a reply, up to five pages in length, by June 18, 2025. (FGD) (Entered: 05/13/2025)

RECAP
May 13, 2025

Order AND ~Util - Set Deadlines AND ~Util - Set Deadlines/Hearings

38 May 15, 2025

First MOTION for Leave to Appear Pro Hac Vice for admission of SADAF HASAN Filing fee: $ 125, receipt number AMADC-11011860 by Rasha Alawieh. (Attachments: # 1 Affidavit DECLARATION OF SADAF HASAN IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE)(Marzouk, Stephanie) (Entered: 05/15/2025)

RECAP
39 May 15, 2025

First MOTION for Leave to Appear Pro Hac Vice for admission of ERIC LEE Filing fee: $ 125, receipt number AMADC-11011897 by Rasha Alawieh. (Attachments: # 1 Affidavit DECLARATION OF ERIC LEE IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE)(Marzouk, Stephanie) (Entered: 05/15/2025)

RECAP
40 May 15, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 38 Motion for Leave to Appear Pro Hac Vice Added Sadaf Hasan. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 05/15/2025)

RECAP
41 May 15, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 39 Motion for Leave to Appear Pro Hac Vice Added Eric Lee. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 05/15/2025)

RECAP
May 15, 2025

Order on Motion for Leave to Appear

42 May 16, 2025

NOTICE of Appearance by Eric Thompson Lee on behalf of Rasha Alawieh (Lee, Eric) (Entered: 05/16/2025)

RECAP
43 May 16, 2025

MEMORANDUM OF LAW by Rasha Alawieh to 34 FIRST AMENDED HABEAS PETITION AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF,. (Fakhimi, Golnaz) Modified on 5/20/2025 (FGD). (Entered: 05/16/2025)

RECAP
44 May 16, 2025

MOTION for Leave to File Excess Pages by Rasha Alawieh. (Attachments: # 1 Affidavit of Golnaz Fakhimi in Support of Motion, # 2 Proposed Order, # 3 Certificate of Service)(Fakhimi, Golnaz) (Entered: 05/16/2025)

RECAP
45 May 19, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re: 44 Motion for Leave to File Excess Pages.ALLOWED. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (FGD) (Entered: 05/19/2025)

RECAP
46 May 19, 2025

MEMORANDUM OF LAW by Rasha Alawieh to 34 FIRST AMENDED HABEAS PETITION AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF. (Fakhimi, Golnaz) Modified on 5/20/2025 (FGD). (Entered: 05/19/2025)

Clearinghouse
May 19, 2025

Order on Motion for Leave to File Excess Pages

47 May 27, 2025

NOTICE of Appearance by Kelark Azer Habashi on behalf of Pamela Bondi, Peter R. Flores, John/Jane Doe, Kane, Kristi Noem, Caroline R. Tully, Tweedie (Azer Habashi, Kelark) (Entered: 05/27/2025)

RECAP
48 May 29, 2025

MOTION for Extension of Time to 06/23/2025 to File Response/Reply to The 34 Amended Habeas Petition and its Supporting Memorandum of Law by Pamela Bondi, Yara Chehab, John Doe, Peter R. Flores, John/Jane Doe, Kane, Kristi Noem, Marco Rubio, Caroline R. Tully, Tweedie. (Attachments: # 1 Proposed Order Granting Respondents' Motion for Extension)(Azer Habashi, Kelark) Modified on 5/30/2025 (FGD). (Entered: 05/29/2025)

1 Proposed Order Granting Respondents' Motion for Extension

View on PACER

RECAP
49 May 30, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re: 48 MOTION for Extension of Time to 06/23/2025 to File Response/Reply to The 34 Amended Habeas Petition and its Supporting Memorandum of Law.ALLOWED. Responses due by 6/23/2025. (FGD) (Entered: 05/30/2025)

RECAP
May 30, 2025

Order on Motion for Extension of Time to File Response/Reply

50 June 23, 2025

RESPONSE/ANSWER to Amended Habeas Petition and Complaint and Supporting Memorandum of Law by John Doe, Peter R. Flores, John/Jane Doe, Kane, Kristi Noem, Marco Rubio, Caroline R. Tully, Tweedie. (Azer Habashi, Kelark) (Entered: 06/23/2025)

Clearinghouse
51 July 1, 2025

MOTION for Extension of Time to July 11, 2025 to File reply memorandum of law by Rasha Alawieh. (Attachments: # 1 Affidavit of Golnaz Fakhimi in Support of Pet'r's Motion, # 2 Text of Proposed Order)(Fakhimi, Golnaz) (Entered: 07/01/2025)

RECAP
52 July 2, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 51 MOTION for Extension of Time to July 11, 2025 to File reply memorandum of law. ALLOWED. Reply due on date requested. Petitioner may file a reply up to fifteen pages in length. (SED) (Entered: 07/02/2025)

RECAP
July 2, 2025

Order on Motion for Extension of Time

53 July 11, 2025

MEMORANDUM OF LAW by Rasha Alawieh to 50 Response to Petition for Writ of Habeas Corpus - 2241, 46 Memorandum of Law, 34 Amended Complaint, 52 Order on Motion for Extension of Time,. (Fakhimi, Golnaz) (Entered: 07/11/2025)

Clearinghouse
54 Aug. 26, 2025

NOTICE of Supplemental Authority by Rasha Alawieh (Attachments: # 1 Certificate of Service)(Fakhimi, Golnaz) (Entered: 08/26/2025)

1 Certificate of Service

View on PACER

RECAP
55 Sept. 2, 2025

MOTION to Strike 54 Notice (Other) of Supplemental Authority by Pamela Bondi, John Doe, Peter R. Flores, John/Jane Doe, Kane, Kristi Noem, Marco Rubio, Caroline R. Tully, Tweedie.(Sauter, Mark) (Entered: 09/02/2025)

RECAP
56 Sept. 16, 2025

Opposition re 55 MOTION to Strike 54 Notice (Other) of Supplemental Authority filed by Rasha Alawieh. (Attachments: # 1 Certificate of Service)(Fakhimi, Golnaz) (Entered: 09/16/2025)

RECAP
57 Sept. 29, 2025

NOTICE of Appearance by Joshua Clem on behalf of Pamela Bondi, Peter R. Flores, John/Jane Doe, Kane, Kristi Noem, Caroline R. Tully, Tweedie (Clem, Joshua) (Entered: 09/29/2025)

RECAP
58 Sept. 29, 2025

MOTION to Withdraw as Attorney Kelark Azer Habashi by Pamela Bondi, John Doe, Peter R. Flores, John/Jane Doe, Kane, Kristi Noem, Marco Rubio, Caroline R. Tully, Tweedie. (Attachments: # 1 Text of Proposed Order)(Azer Habashi, Kelark) (Entered: 09/29/2025)

1 Text of Proposed Order

View on PACER

RECAP
59 Sept. 30, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re: 58 MOTION to Withdraw as Attorney Kelark Azer Habashi.ALLOWED. Attorney Kelark Azer Habashi terminated. (FGD) (Entered: 09/30/2025)

RECAP
Sept. 30, 2025

Order on Motion to Withdraw as Attorney

60 Oct. 31, 2025

District Judge Leo T. Sorokin: ORDER entered. ORDER ON FIRST AMENDED HABEAS PETITION AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (DOC. NO. 34 ) (SED) (Entered: 10/31/2025)

Clearinghouse
61 Oct. 31, 2025

District Judge Leo T. Sorokin: ORDER entered. JUDGMENT (SED) (Entered: 10/31/2025)

RECAP
62 Dec. 30, 2025

NOTICE OF APPEAL as to 60 ORDER ON FIRST AMENDED HABEAS PETITION AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF by Rasha Alawieh. Filing fee: $ 605, receipt number AMADC-11444676 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 1/20/2026. (Fakhimi, Golnaz) Modified on 12/30/2025: Corrected linked document stated on the PDF. (FGD) (Entered: 12/30/2025)

RECAP
63 Dec. 30, 2025

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 62 Notice of Appeal. (FGD) (Entered: 12/30/2025)

RECAP
64 Dec. 31, 2025

USCA Case Number 25-2238 for 62 Notice of Appeal, filed by Rasha Alawieh. (FGD) (Entered: 12/31/2025)

RECAP
Dec. 31, 2025

USCA Case Number

Case Details

State / Territory:

Massachusetts

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: March 14, 2025

Closing Date: Oct. 31, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Lebanese citizen with H1B visa who was denied admission and subjected to expedited removal.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Customs and Border Protection

Department of Homeland Security

Department of State

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Appointments Clause

Suspension Clause

Other Dockets:

District of Massachusetts 1:25-cv-10614

Special Case Type(s):

Habeas

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Habeas

Injunction

Relief Granted:

None

Source of Relief:

None

Issues

Immigration/Border:

Admission - criteria

Deportation - judicial review

Deportation - procedure

Visas - procedures

Recommended Citation