Mohammad Abdelrahman Samhan v. Kristi Noem, Secretary of the U.S. Department of Homeland Security, in her official capacity; Todd Lyons, Acting Director and Senior Official Performing the Duties of the Director of ICE, in his official capacity; Garrett Ripa, Field Office Director for ICE ERO Miami, in his official capacity; Warden of Krome SPC, in his/her official capacity, U.S. Department of Homeland Security; and U.S. Immigration and Customs Enforcement

CourtDistrict Court, S.D. Florida
DecidedApril 2, 2026
Docket1:25-cv-25618
StatusUnknown

This text of Mohammad Abdelrahman Samhan v. Kristi Noem, Secretary of the U.S. Department of Homeland Security, in her official capacity; Todd Lyons, Acting Director and Senior Official Performing the Duties of the Director of ICE, in his official capacity; Garrett Ripa, Field Office Director for ICE ERO Miami, in his official capacity; Warden of Krome SPC, in his/her official capacity, U.S. Department of Homeland Security; and U.S. Immigration and Customs Enforcement (Mohammad Abdelrahman Samhan v. Kristi Noem, Secretary of the U.S. Department of Homeland Security, in her official capacity; Todd Lyons, Acting Director and Senior Official Performing the Duties of the Director of ICE, in his official capacity; Garrett Ripa, Field Office Director for ICE ERO Miami, in his official capacity; Warden of Krome SPC, in his/her official capacity, U.S. Department of Homeland Security; and U.S. Immigration and Customs Enforcement) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mohammad Abdelrahman Samhan v. Kristi Noem, Secretary of the U.S. Department of Homeland Security, in her official capacity; Todd Lyons, Acting Director and Senior Official Performing the Duties of the Director of ICE, in his official capacity; Garrett Ripa, Field Office Director for ICE ERO Miami, in his official capacity; Warden of Krome SPC, in his/her official capacity, U.S. Department of Homeland Security; and U.S. Immigration and Customs Enforcement, (S.D. Fla. 2026).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 25-cv-25618-BLOOM/Elfenbein

MOHAMMAD ABDELRAHMAN SAMHAN,

Petitioner,

v.

KRISTI NOEM, Secretary of the U.S. Department of Homeland Security, in her official capacity; TODD LYONS, Acting Director and Senior Official Performing the Duties of the Director of ICE, in his official capacity; GARRETT RIPA, Field Office Director for ICE ERO Miami, in his official capacity; WARDEN OF KROME SPC, in his/her official capacity, U.S. DEPARTMENT OF HOMELAND SECURITY; and U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT,

Respondents. _________________________/

OMNIBUS ORDER

THIS CAUSE is before the Court upon Petitioner Mohammad Abdelrahman Samhan’s (“Petitioner”) Verified Petition for Writ of Habeas Corpus and Complaint for Injunctive Relief (“Petition”) under 28 U.S.C. § 2241. ECF No. [1]. On December 3, 2025, the Court issued an Order to Show Cause requiring Respondents to show cause why the Petition should not be granted. ECF No. [5]. Respondents filed a Response, ECF No. [8], to which Petitioner filed his Reply, ECF No. [9]. On February 10, 2026, Petitioner filed an Emergency Motion for Temporary Restraining Order to Enjoin Unlawful Removal and Order Immediate Release (“Emergency Motion”). ECF No. [13]. Respondents filed a Response, ECF No. [15], to which Petitioner filed a Reply, ECF No. [16]. The Court held a hearing on April 2, 2026, related to the circumstances of Petitioner’s informal interview and case law that would inform the Court’s decision as to whether Respondents complied with the governing law. The Court has reviewed the Petition, the Emergency Motion, the corresponding briefing, the record in this case, the applicable law, and is otherwise fully advised. For the reasons that follow, the Petition is granted. The Emergency Motion is denied as

moot. I. BACKGROUND Petitioner is a stateless Palestinian1 who has lived in the United States since 1986. ECF No. [1] ¶ 16. Petitioner became a lawful permanent resident in 1991. ECF No. [8-1] at 58. Following Petitioner’s criminal convictions, Respondents determined Petitioner was removable and issued a final order of removal on December 12, 2005. See ECF Nos. [1] ¶¶ 20-21; [8-1] at 58. Petitioner had been released on an Order of Supervision (“OSUP”) since April 10, 2006. ECF Nos. [1] ¶ 20; [8] at 3. On November 20, 2025, during a scheduled check-in with Immigration and Customs Enforcement (“ICE”), Respondents revoked Petitioner’s OSUP and detained him. ECF Nos. [1] ¶ 3; [8] at 4. Petitioner has been detained at Krome North Service Center awaiting removal

since November 20, 2025. ECF Nos. [1] ¶ 3; [8] at 4. Petitioner states that when he was detained at his ICE check-in, he was served with a Notice of Revocation of Release (“Notice”) but believes that the case was not referred to the ICE Executive Associate Director and no findings were made that revocation of the OSUP was in the public interest. ECF No. [1] ¶ 27. Petitioner further states that “at no time following Petitioner’s arrest did ICE explain why it revoked Petitioner’s order of supervision or give him an opportunity

1 The parties dispute Petitioner’s nationality. Respondents note Petitioner was born in Jordan, and immigration documents list “Jordan” as Petitioner’s country of citizenship. See e.g., ECF No. [8-1] at 7. However, Petitioner asserts that he is a stateless Palestinian and any notation that he was born in Jordan is the result of shifting territorial borders. ECF No. [16] ¶ 2. He asserts he has never been a citizen of Jordan, and Jordan, the Palestine Liberation Organization (PLO), and Israel have denied his applications for travel documents. See ECF No. [1-10]; see also ECF Nos. [13-3]; [13-4]. to respond to those reasons.” ECF No. [1] ¶¶ 26, 29. Petitioner challenges his detention under the Due Process Clause of the Fifth Amendment to the U.S. Constitution, the Immigration and Nationality Act and implementing regulations, the Administrative Procedure Act, and the Accardi doctrine. ECF No. [1] ¶ 4.

In their Response, Respondents challenge the Court’s jurisdiction under 8 U.S.C. § 1252(g) to review the decision to execute removal orders. ECF No. [8] at 6. Notwithstanding their jurisdictional argument, Respondents argue that the OSUP was properly revoked, and Petitioner’s detention is proper under 8 U.S.C. § 1231(a). Id. at 6-7. Respondents assert that, pursuant to 8 C.F.R. § 241.1(l)(2), the OSUP was revoked to enforce a removal order. Id. Respondents contend that Petitioner received notice, an opportunity to respond, and that the OSUP was revoked by an officer with properly delegated authority. See id. at 7-8; ECF No. [8-2]. 2 When ordered to explain the discrepancy between the procedures stated in the Notice and the process afforded Petitioner, Respondents contend that the Notice is not a regulation and reiterate they followed binding regulations when detaining Petitioner on November 20, 2025. See ECF No. [11].

A. Emergency Motion On February 10, 2026, Petitioner filed his Emergency Motion and requests that the Respondents be enjoined from removing Petitioner to any third country until Respondents fully comply with all statutory and regulatory protocols governing removal under 8 U.S.C. § 1231(b)(2) and seeks immediate release. Id. at 8. Petitioner argues he “faces an imminent risk of removal to a third country without

2 Respondents also argue that the Petition should be dismissed as an impermissible shotgun pleading. ECF No. [8] at 4-6. The Court declines to dismiss the Petition on shotgun pleading grounds because, despite any alleged pleading deficiencies, the Petition provides adequate notice to Respondents and for the Court to consider Petitioner’s claims. See Thomas v. Tyco Int’l Mgmt Co., LLC, 262 F. Supp. 3d 1328, 1340-41 (S.D. Fla. 2017). compliance with governing statutes and regulations.” ECF No. [13]. Petitioner cites recent news reports that ICE chartered private flights to remove “similarly situated stateless Palestinians[,]” and argues that he “faces a concrete, imminent risk of unlawful removal.” ECF No. [13] at 2. Upon receipt of the Emergency Motion, the Court issued an Order to Show Cause that set

a briefing schedule and ordered that Respondents “shall not remove Petitioner from the United States or the Southern District of Florida until further order of the Court” in order to preserve the Court’s jurisdiction. ECF No. [14]. Respondents argue that Petitioner has not made a proper showing to justify entry of a Temporary Restraining Order as Petitioner merely argues there is a “risk that Respondents will attempt to remove Petitioner without compliance with the required procedures.” ECF No. [15] at 2. Respondents advise they are “not aware of any current plan to remove Petitioner to a third country[,]” and “Respondents will provide Petitioner notice and opportunity before removing Petitioner to a third country.” Id. Petitioner replies that, although the February 10, 2025 Order to Show Cause ordered Petitioner not to be transferred outside the Southern District of Florida while the Petition is

pending, Petitioner “continues to suffer irreparable harm through his ongoing, unlawful physical incarceration.” ECF No. [16] at 1.

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Mohammad Abdelrahman Samhan v. Kristi Noem, Secretary of the U.S. Department of Homeland Security, in her official capacity; Todd Lyons, Acting Director and Senior Official Performing the Duties of the Director of ICE, in his official capacity; Garrett Ripa, Field Office Director for ICE ERO Miami, in his official capacity; Warden of Krome SPC, in his/her official capacity, U.S. Department of Homeland Security; and U.S. Immigration and Customs Enforcement, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mohammad-abdelrahman-samhan-v-kristi-noem-secretary-of-the-us-flsd-2026.