A federal appeals court ruled that a Georgetown University scholar can challenge his detention in a Virginia court, rejecting the government’s claim that moving him across state lines stripped the court of authority to hear the case.The 2-1 decision by the Fourth U.S. Circuit Court of Appeals on July 23, 2026, favored Dr. Badar Khan Suri. Suri is an Indian scholar living in Rosslyn, Virginia. Immigration and Customs Enforcement (ICE) officers arrested him outside his apartment on March 17, 2025, after he and his wife posted messages on social media opposing the war in Gaza.In the 11 hours following his arrest, officers moved Suri through three detention centers in Virginia. Authorities then flew him to Louisiana before moving him to a facility in Texas. During these transfers, officers did not let Suri contact his family or lawyer, and official tracking websites did not show where he was.While officers were moving Suri, his lawyers filed a legal petition for his release—known as a writ of habeas corpus—in the U.S. District Court for the Eastern District of Virginia.Court Case (File)The government asked the court to throw out the petition. Federal attorneys argued the court had no authority because Suri was no longer physically in Virginia when the petition was filed. They also argued that federal immigration law prevents district courts from reviewing detention cases.District Judge Patricia Tolliver Giles rejected the government’s arguments and later ordered Suri released on bail while his deportation case moved forward. The government appealed the ruling.Circuit Judge DeAndrea Gist Benjamin wrote the majority opinion for the Fourth Circuit, joined by Circuit Judge Pamela Harris. The court ruled that the Virginia district court had jurisdiction under legal exceptions that apply when a detainee’s location is kept secret.“When a prisoner is held in an undisclosed location by an unknown custodian, it is impossible to apply the immediate custodian and district of confinement rules,” Judge Benjamin wrote. She noted that Suri’s lawyers filed the paperwork in the only court possible based on the information they had.The court also cited Supreme Court precedent meant to stop the government from moving detainees quickly to hide their location or select a more favorable court. Judges pointed out that ICE listed a Texas detention center as Suri’s home address before he had ever been to Texas.U.S. Supreme Court (Unsplash)Additionally, the court rejected government claims that sections of the Immigration and Nationality Act blocked federal courts from hearing the case. The judges ruled that those laws apply to final deportation orders, not to separate constitutional challenges regarding whether a person’s detention is legal in the first place.“The scope of habeas corpus must not be subject to manipulation by those whose power it is designed to restrain,” Judge Benjamin wrote. “Specifically, the writ is a critical check on the Executive, ensuring that it does not detain individuals except in accordance with law.”In a dissenting opinion, Circuit Judge J. Harvie Wilkinson III argued that immigration law requires all legal challenges related to deportation to be handled together by an appeals court after a final removal order is issued.“The Immigration and Nationality Act strips district courts of subject matter jurisdiction over nearly all claims ‘arising from’ removal proceedings,” Judge Wilkinson wrote. “Today’s holding may be a victory for Suri, but it is a loss for the immigration system Congress carefully designed.”The Fourth Circuit affirmed the lower court’s decision, allowing Suri to remain free on bail while participating in his ongoing immigration hearings.READ: Federal Judge Dismisses Lawsuit Over 75-Country Immigrant Visa PausePlease make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox.Federal Appeals Court Slams ICE ‘Game Of Hide-And-Seek’ In Major Win For Detained Scholar