Case: Suri v. Trump

1:25-cv-00480 | U.S. District Court for the Eastern District of Virginia

Filed Date: March 18, 2025

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Case Summary

This is a case challenging the government's alleged retaliatory detention of a postdoctoral scholar. On March 18, 2025, an Indian national and Georgetown University postdoctoral scholar filed a habeas petition in the U.S. District Court for the Eastern District of Virginia, challenging his sudden immigration detention by U.S. Immigration and Customs Enforcement (ICE). Represented by the ACLU of Virginia, the Center for Constitutional Rights, HMA Law, and the Immigrant & Non-Citizen Rights Clini…

This is a case challenging the government's alleged retaliatory detention of a postdoctoral scholar.

On March 18, 2025, an Indian national and Georgetown University postdoctoral scholar filed a habeas petition in the U.S. District Court for the Eastern District of Virginia, challenging his sudden immigration detention by U.S. Immigration and Customs Enforcement (ICE). Represented by the ACLU of Virginia, the Center for Constitutional Rights, HMA Law, and the Immigrant & Non-Citizen Rights Clinic at CUNY School of Law, the petitioner alleged that the government arrested him in retaliation for social media posts criticizing the Gaza war and for his marriage to a Palestinian American citizen whose family has political ties in Gaza. He sought release and an injunction against removal, asserting violations of the First and Fifth Amendments. The case was assigned to District Judge Patricia Tolliver Giles.

According to the petition, ICE arrested him outside his Virginia apartment on March 17, 2025, issued a Notice to Appear listing a Texas address he had never lived at, and rapidly transferred him out of the district—first to Louisiana, then to Texas. The petitioner’s counsel, unaware of his precise location at the time of filing, filed in the Eastern District of Virginia based on the petitioner’s last known presence and lack of access to the ICE detainee locator. On March 20, the court issued an emergency order under the All Writs Act barring the petitioner’s removal pending further proceedings. 2025 WL 914757.

On March 27, 2025, the petitioner moved for immediate release on bond pending adjudication of his petition. He argued that the court had the authority to grant immediate release pending adjudication and that he met the standard for release.

On April 1, 2025, the government moved to dismiss for lack of jurisdiction or improper venue, arguing that the court lacked territorial and custodial jurisdiction under Rumsfeld v. Padilla and that 8 U.S.C. § 1252 stripped the district court of subject matter jurisdiction. On May 6, the court denied the motion, concluding that it retained jurisdiction under the “unknown custodian” exception and that the government’s conduct—removing the petitioner before his counsel could locate him—supported jurisdiction in the filing district. 2025 WL 1310745. The court further found that the jurisdiction-stripping provisions of § 1252 did not apply to a habeas challenge to present unconstitutional confinement.

On May 14, the court granted the petitioner's motion for release on bond, finding that he was not a flight risk and that detention based on protected speech chilled First Amendment activity. The court also found credible evidence that ICE had relocated the petitioner to hinder counsel’s ability to file a timely habeas petition. Judge Giles also denied the government’s request to stay this decision pending appeal. 2025 WL 1392143.

The next day, the government appealed both the March 20 removal injunction and the May 14 release order to the U.S. Court of Appeals for the Fourth Circuit.

On May 23, the government filed a motion in the Fourth Circuit seeking a stay of the district court’s order releasing the petitioner pending appeal and, alternatively, a writ of mandamus.

On June 23, 2025, the petitioner filed a motion for a preliminary injunction (1) requiring the government to immediately set aside its termination of his and his children’s Student and Exchange Visitor Information System (SEVIS) records; (2) requiring the government to reinstate his J-1 exchange visitor status and his corresponding SEVIS record and his children’s J-2 status and corresponding SEVIS records; (3) enjoining the government from terminating those records for the duration of this litigation; (4) requiring the government to provide at least 21 days advance notice to to the petitioner and his counsel of any intent to terminate the petitioner’s or his children’s SEVIS records based on newly discovered, independent legal grounds; (5) enjoining the government from imposing any consequences arising out of the termination of the petitioner’s or his children’s SEVIS records or J-1 or J-2 status.

On June 30, 2025, the petitioner filed an amended petition in the district court.

On July 1, 2025, a divided Fourth Circuit panel (Circuit Judges Wynn, Benjamin, Wilkinson dissenting) denied the government’s motion for a stay, or in the alternative, a writ of mandamus. 2025 WL 1806692. The majority held that the district court properly exercised habeas jurisdiction under the unknown custodian exception, emphasized that the petitioner had been detained in secret and nearly removed before judicial intervention, and rejected the government’s expansive reading of § 1252(g) and (b)(9). The court affirmed that habeas remains available to noncitizens challenging unconstitutional confinement and found that the petitioner’s release was proper under long-standing First Amendment and due process principles.

On August 5, 2025, the parties entered into a stipulation of settlement in the district court. The government agreed to reinstate the petitioner’s J-1 SEVIS record and the J-2 records of his children nunc pro tunc to March 18, and pledged not to terminate those records without providing advance notice of 21 days and an independent legal basis. In exchange, the petitioner withdrew his pending motion for a preliminary injunction. The court cancelled the scheduled injunction hearing and retained jurisdiction to enforce the stipulation.

On October 7, 2025, the Fourth Circuit granted the government’s motion to temporarily stay proceedings in light of the government shutdown. The Fourth Circuit rescheduled oral argument multiple times and eventually held oral argument on March 17, 2026.

On July 23, 2026, the Fourth Circuit affirmed the district court’s decision granting the petitioner release on bond (Circuit Judge Wilkinson dissenting). The court held that the district court retained jurisdiction over the petitioner’s First and Fifth Amendment claims. It also upheld the district court’s use of the All Writs Act to block the petitioner’s removal, concluding that the order was necessary to preserve judicial review. 2026 WL 2123557.


20 1:25-cv-00480	Motion for Release on Bond	March 27, 2025	March 27, 2025 Pleading / Motion / Brief
21 1:25-cv-00480	Memorandum in Support of Motion	March 27, 2025	March 27, 2025 Pleading / Motion / Brief
24 1:25-cv-00480	Federal Respondents' Motion to Dismiss, or in the Alternative, to Transfer Venue	April 1, 2025	April 1, 2025 Pleading / Motion / Brief
59 1:25-cv-00480	Memorandum Opinion	May 6, 2025	May 6, 2025 Order/Opinion 2025 WL 1310745
60 1:25-cv-00480	Order	May 6, 2025	May 6, 2025 Order/Opinion
66 1:25-cv-00480	Respondents' Notice of Appeal Suri v. Trump et al.	May 15, 2025	May 15, 2025 Pleading / Motion / Brief
4-1 25-01560	Motion for Stay Pending Appeal Suri v. Trump et al. U.S. Court of Appeals for the Fourth Circuit	May 23, 2025	May 23, 2025 Pleading / Motion / Brief
79 1:25-cv-00480	Petitioner's Motion for Preliminary Injunction Suri v. Trump et al.	June 23, 2025	June 23, 2025 Pleading / Motion / Brief
92 1:25-cv-00480	Second Amended Petition For Writ Of Habeas Corpus And Complaint Suri v. Trump et al.	June 30, 2025	June 30, 2025 Pleading / Motion / Brief
27 25-01560	Order U.S. Court of Appeals for the Fourth Circuit	July 1, 2025	July 1, 2025 Order/Opinion 2025 WL 1806692

ECF Number	Date	Description	Link
1	March 18, 2025	PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AVAEDC-10069292.), filed by Badar Khan Suri. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Order)(Ahmad, Hassan) (Additional attachment(s) added on 3/20/2025: # 3 Prisoner Data Sheet) (swil, ). (Entered: 03/18/2025) 1 Civil Cover Sheet View on PACER 2 Proposed Order View on PACER 3 Prisoner Data Sheet View on RECAP	RECAP
	March 18, 2025	Initial Case Assignment to District Judge Patricia Tolliver Giles and US Magistrate Judge William B. Porter. (swil)
2	March 20, 2025	NOTICE of Appearance by Sophia Leticia Gregg on behalf of Badar Khan Suri (Gregg, Sophia) (Entered: 03/20/2025)	RECAP
3	March 20, 2025	NOTICE of Appearance by Vishal Mahendra Agraharkar on behalf of Badar Khan Suri (Agraharkar, Vishal) (Entered: 03/20/2025)	RECAP
4	March 20, 2025	NOTICE of Appearance by Eden Brooke Heilman on behalf of Badar Khan Suri (Heilman, Eden) (Entered: 03/20/2025)	RECAP
5	March 20, 2025	MOTION to compel respondents to return petitioner to this district by Badar Khan Suri. (Attachments: # 1 Proposed Order)(Heilman, Eden) (Entered: 03/20/2025)	RECAP
6	March 20, 2025	Memorandum in Support re 5 MOTION to compel respondents to return petitioner to this district filed by Badar Khan Suri. (Attachments: # 1 Exhibit 1)(Heilman, Eden) (Entered: 03/20/2025)	RECAP
7	March 20, 2025	ORDER that Petitioner shall not be removed from the United States unless and until the Court issues a contrary order. 28 U.S.C. § 1651; F.T.C. v. Dean Foods Co., 384 U.S. 597, 603 (1966) ("The All Writs Act, 28 U.S.C. § 1651(a), empowers the federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.") (see Order for details). Signed by District Judge Patricia Tolliver Giles on 03/20/25. (pmil, ) (Entered: 03/20/2025)	RECAP
8	March 20, 2025	NOTICE of Appearance by Yamileth Davila on behalf of Pamela Bondi, Russell Hott, Todd Lyons, Kristi Noem, Marco Rubio, Donald Trump (Davila, Yamileth) (Entered: 03/20/2025)	RECAP
9	March 20, 2025	NOTICE of Appearance by David J. Byerley on behalf of Pamela Bondi, Russell Hott, Todd Lyons, Kristi Noem, Marco Rubio, Donald Trump (Byerley, David) (Entered: 03/20/2025)	RECAP
10	March 20, 2025	NOTICE of Appearance by Elizabeth Anne Spavins on behalf of Pamela Bondi, Russell Hott, Todd Lyons, Kristi Noem, Marco Rubio, Donald Trump (Spavins, Elizabeth) (Entered: 03/20/2025)	RECAP
11	March 21, 2025	NOTICE of Appearance by Christian James Cooper on behalf of Pamela Bondi, Russell Hott, Todd Lyons, Kristi Noem, Marco Rubio, Donald Trump (Cooper, Christian) (Entered: 03/21/2025)	RECAP
12	March 22, 2025	Proposed Summons re 1 Petition for Writ of Habeas Corpus (2241), by Badar Khan Suri (Gregg, Sophia) (Entered: 03/22/2025)	RECAP
13	March 24, 2025	Motion to appear Pro Hac Vice by Nermeen Saba Arastu and Certification of Local Counsel Sophia Leticia Gregg Filing fee $ 75, receipt number AVAEDC-10078310. by Badar Khan Suri. (Gregg, Sophia) (Entered: 03/24/2025)	RECAP
14	March 24, 2025	ORDERED that Petitioner's Motion to appear pro hac vice (Dkt. 13) is DENIED without prejudice to allow Petitioner's counsel time to submit a completed form (see Order for further details). Signed by District Judge Patricia Tolliver Giles on 3/24/2025. (swil) (Entered: 03/24/2025)	RECAP
15	March 25, 2025	Motion to appear Pro Hac Vice by Nermeen Saba Arastu and Certification of Local Counsel Sophia Leticia Gregg by Badar Khan Suri. (Gregg, Sophia) (Entered: 03/25/2025)	RECAP
16	March 25, 2025	ORDER that Respondent's are DIRECTED to file a response to Petitioner's 5 MOTION to compel respondents to return petitioner to this district on or before close of business on 04/01/2025. Signed by District Judge Patricia Tolliver Giles on 03/25/25. (pmil, ) (Entered: 03/25/2025)	RECAP
17	March 25, 2025	ORDER granting 15 Motion for Pro hac vice Appointed Nermeen Saba Arastu for Badar Khan Suri. Signed by District Judge Patricia Tolliver Giles on 3/25/2025. (swil) (Entered: 03/25/2025)	RECAP
18	March 27, 2025	NOTICE of Appearance by Geri Greenspan on behalf of Badar Khan Suri (Greenspan, Geri) (Entered: 03/27/2025)	RECAP
19	March 27, 2025	Notice of Hearing Date re 5 MOTION to compel respondents to return petitioner to this district (Gregg, Sophia) (Entered: 03/27/2025)	RECAP
20	March 27, 2025	MOTION for Release on Bond by Badar Khan Suri. (Attachments: # 1 Proposed Order)(Heilman, Eden) (Entered: 03/27/2025)	Clearinghouse
21	March 27, 2025	Memorandum in Support re 20 MOTION for Release on Bond filed by Badar Khan Suri. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Heilman, Eden) (Entered: 03/27/2025)	Clearinghouse
	March 27, 2025	Notice of Correction
	March 27, 2025	Notice of Correction in re 19 Notice of Hearing Date. The filing user has been notified to refile the notice of hearing which requests a Thursday date. (triv)
22	March 28, 2025	Consent MOTION to Expedite Briefing and Consideration by Badar Khan Suri. (Attachments: # 1 Proposed Order)(Heilman, Eden) (Entered: 03/28/2025)	RECAP
23	March 31, 2025	ORDER that the parties' 22 Consent Motion for Expedited Briefing and Consideration is GRANTED in part and DENIED in part; Respondents file their responsive filing to Petitioner's 20 Motion for Release on Bond on or before the close of business on 04/03/2025; Petitioner file his reply briefs to Respondent's filings to Petitioner's 20 Motion for Release on Bond and Petitioner's 5 Motion to Compel Respondents to Return Petitioner to this District on or before the close of business on 04/08/2025; the Court will conduct a hearing on Petitioner's 20 Motion for Release on Bond and Petitioner's 5 Motion to Compel Respondents to Return Petitioner to this District on 04/11/2025, at 11:00 a.m. Signed by District Judge Patricia Tolliver Giles on 03/31/25. (pmil, ) (Entered: 03/31/2025)	RECAP
	March 31, 2025	Set Motion and R&R Deadlines/Hearings
	March 31, 2025	Set Deadlines as to 20 MOTION for Release on Bond, 5 MOTION to compel respondents to return petitioner to this district. Motion Hearing set for 4/11/2025 at 11:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (pmil, )
24	April 1, 2025	MOTION to Dismiss by Pamela Bondi, Russell Hott, Todd Lyons, Kristi Noem, Marco Rubio, Donald Trump. (Spavins, Elizabeth) (Entered: 04/01/2025)	Clearinghouse
25	April 1, 2025	MOTION to Transfer Case by Pamela Bondi, Russell Hott, Todd Lyons, Kristi Noem, Marco Rubio, Donald Trump. (Spavins, Elizabeth) (Entered: 04/01/2025)	RECAP
26	April 1, 2025	Memorandum in Support re 24 MOTION to Dismiss, 25 MOTION to Transfer Case filed by Pamela Bondi, Russell Hott, Todd Lyons, Kristi Noem, Marco Rubio, Donald Trump. (Attachments: # 1 Exhibit 1)(Spavins, Elizabeth) (Entered: 04/01/2025) 1 Exhibit 1 View on PACER	RECAP
27	April 1, 2025	Notice of Hearing Date set for May 1, 2025 re 24 MOTION to Dismiss, 25 MOTION to Transfer Case (Spavins, Elizabeth) (Entered: 04/01/2025)	RECAP
28	April 1, 2025	Opposition to 5 MOTION to compel respondents to return petitioner to this district filed by Pamela Bondi, Russell Hott, Todd Lyons, Kristi Noem, Marco Rubio, Donald Trump. (Attachments: # 1 Exhibit)(Spavins, Elizabeth) (Entered: 04/01/2025)	RECAP
29	April 3, 2025	RESPONSE in Opposition re 20 MOTION for Release on Bond filed by Pamela Bondi, Russell Hott, Todd Lyons, Kristi Noem, Marco Rubio, Donald Trump. (Spavins, Elizabeth) (Entered: 04/03/2025)	RECAP
30	April 3, 2025	Declaration re 29 Response in Opposition to Motion of Yousuf Khan (April 3, 2025) by Pamela Bondi, Jeffrey Crawford, Russell Hott, Todd Lyons, Kristi Noem, Marco Rubio, Donald Trump. (Byerley, David) (Entered: 04/03/2025)	RECAP
	April 3, 2025	Motion Hearing set for 5/1/2025 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles as to 24 MOTION to Dismiss and 25 MOTION to Transfer Case. (jlan)
	April 3, 2025	Set Motion and R&R Deadlines/Hearings
31	April 4, 2025	ORDERED that Petitioners are DIRECTED to address Respondents' jurisdictionalarguments in their replies to Respondents' oppositions (see Order for further details). Signed by District Judge Patricia Tolliver Giles on 4/4/2025. (swil) (Entered: 04/04/2025)	RECAP
32	April 7, 2025	MOTION To Modify Briefing and Hearing Schedule re 31 Order by Badar Khan Suri. (Attachments: # 1 Proposed Order)(Greenspan, Geri) (Entered: 04/07/2025)	RECAP
33	April 7, 2025	ORDERED that Petitioner's Motion to Amend Briefing and Hearing Schedule (Dkt. 32) is GRANTED in part and DENIED in part; it is further ORDERED that Petitioner will respond to Respondents' Motion to Dismiss (Dkt. 24) and Motion to Transfer (Dkt. 25) on or before the close of business on April 15, 2025, and Respondents will file any reply on or before the close of business on April 21, 2025; it is further ORDERED that the hearing on Petitioner's Motion to Compel Respondents to Return Petitioner to this District (Dkt. 28) and Motion for Release on Bond (Dkt. 29) currently scheduled for April 11, 2025, is TERMINATED; and it is further ORDERED that the Court will conduct a hearing on Petitioner's Motion to Compel Respondents to Return Petitioner to this District (Dkt. 5), Petitioner's Motion for Release on Bond (Dkt. 20), Respondents' Motion to Dismiss (Dkt. 24), and Respondents' Motion to Transfer (Dkt. 25) on May 1, 2025, at 1:00 p.m. Signed by District Judge Patricia Tolliver Giles on 04/07/2025. (jlan) (Entered: 04/07/2025)	RECAP

Case: Suri v. Trump

1:25-cv-00480 | U.S. District Court for the Eastern District of Virginia

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Docket for: Suri v. Trump

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