The Houston chapter of the Council on American-Islamic Relations (CAIR-Houston) and immigration attorney Dalia Moftah today demanded that U.S. Immigration and Customs Enforcement (ICE) immediately release Mohamed Abushanab, a Palestinian reportedly held indefinitely for more than 10 months, despite an immigration judge granting him protection from deportation due to the likelihood of facing persecution if he were deported to Israel.

CAIR National Community Advocacy Director Nicole Fauster Bradford, Esq., said:

“This case illustrates a broader problem of indefinite detention and our government’s aggressive push to send ‘unwanted people’ to any country that might accept them, without regard to safety, familial, or ethnic ties. Palestinians are particularly vulnerable; we have seen a pattern of cases arising of ICE attempting to deport them to Congo, China, Jordan, and even Israel, where they face imminent persecution.” 

CAIR Houston Board Director Rawan Harirah added:

“The continued detention of Mohamed Abushanab is both unlawful and inhumane. ICE’s refusal to release a refugee who has already been granted protection defies our legal system and our moral obligations. As Palestinians endure unimaginable suffering at home, it is unconscionable that a Palestinian seeking refuge in our country is subjected to indefinite detention. We call on ICE to immediately comply with the court’s order, end this injustice, and release Mr. Abushanab without further delay.”

BACKGROUNDER:

Abushanab is from the Palestinian community of Tulkarem, where Israeli military checkpoints, strip searches, and repeated detentions severely restricted his daily life. He eventually secured a visa to Spain and later sought refuge in the United States at the southern border, requesting asylum.

A U.S. immigration judge granted Abushanab both withholding of removal, a form of relief available when a person demonstrates a “clear probability” of persecution in their home country, and separate protection under the Convention Against Torture (CAT). Because there is no safe third country willing to accept him, federal law requires ICE to release him under appropriate supervision.

Instead, despite lacking jurisdiction, ICE previously asserted that a removal order from the Board of Immigration Appeals (BIA) superseded the final decision of the Immigration Judge. However, no such appeal was ever filed with or received by the BIA. 

In a subsequent effort to override the court’s ruling, the Department of Homeland Security (DHS) filed a motion requesting that the Immigration Judge amend the final order to designate Jordan—a country with which Mr. Abushanab has no legal, cultural, or ethnic ties—as an alternate country of removal. This motion was denied by the Immigration Judge.

CAIR and Attorney Moftah are urging ICE’s Houston Field Office to comply with the court’s ruling, conduct an internal review into the issuance of erroneous paperwork, and release Abushanab immediately.

Attorney Moftah said the continued detention “flagrantly disregards the rule of law as articulated in the statute and regulations” and inflicts needless trauma on a refugee who fled persecution. “Withholding of Removal is not an open ticket to continuously detain an already persecuted refugee” she explained. “Once granted, ICE may not deport the individual to a country where persecution is likely and must arrange for his prompt release.” “Indefinite detention without lawful justification is not permitted under the governing law”, she continued.

CAIR’s Dallas–Fort Worth chapter (CAIR-DFW) recently held an emergency press conference to address ICE’s apparent plan to deport another Palestinian to an undisclosed location after being detain when she returned from her honeymoon in February 2025.

SEE: CAIR-DFW to Hold Emergency News Conference About Palestinian Newlywed Facing Deportation Tonight to Undisclosed Location

CAIR’s mission is to protect civil rights, enhance understanding of Islam, promote justice, and empower American Muslims.       

La misión de CAIR es proteger las libertades civiles, mejorar la comprensión del Islam, promover la justicia, y empoderar a los musulmanes en los Estados Unidos.            

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CONTACT: Nicole Fauster Bradford 202-850-9294, n-fauster@cair.com; Rawan Harirah, Chair and President of CAIR Texas -Houston, 713-254-2016, rharirah@cair.com; John T. Floyd, Board Member, CAIR Texas-Houston, 713-254-2016, jfloyd@cair.com; CAIR National Deputy Director Edward Ahmed Mitchell, 404-285-9530, e-Mitchell@cair.com; CAIR Government Affairs Director Robert McCaw, 202-742-6448, rmccaw@cair.com; CAIR National Communications Director Ibrahim Hooper, 202-744-7726, ihooper@cair.com; CAIR National Communications Manager Ismail Allison, 202-770-6280, iallison@cair.com