A Palestinian asylum seeker has been released from US immigration detention after a federal court ordered his freedom, ending more than 20 months in custody despite prior legal protections against deportation.
Mohammed Abushanab, 27, was released on Tuesday in Texas after a district court granted a habeas petition, with his legal team telling The New Arab it was "very unlikely" he could be deported and criticising authorities for keeping him detained.
The court ordered US Immigration and Customs Enforcement (ICE) on Monday to release him within 48 hours, after finding there was no "significant likelihood" he could be removed in the foreseeable future, Center for Constitutional Rights Staff Attorney Kayla Vinson told The New Arab .
"We are thrilled that Mr. Abushanab was released from ICE custody," said Vinson. "We are also horrified by ICE’s insistence on keeping him in a cage, including for more than a year after he was granted humanitarian relief."
Abushanab remains based in Texas following his release and is required to check in with ICE every three months, though his underlying immigration case remains unchanged and he is still technically subject to deportation to a third country, Vinson told The New Arab .
He had been granted protection under the Convention Against Torture and withholding of removal in February 2025, after a judge determined he would likely face danger if returned.
Despite this, ICE continued to detain him beyond the standard 90-day removal period, arguing it was seeking to deport him elsewhere. Vinson told The New Arab this was unrealistic given his status as a Palestinian and the difficulty of securing travel documents.
Abushanab had fled the occupied West Bank after facing repeated harassment and abuse by the Israeli military, according to his legal team.
He lived near the Israeli border, where soldiers detained and interrogated him, and at times fired near his home, prompting fears for his life.
Despite being granted humanitarian relief on the basis that he could face torture or danger if returned, Abushanab remained in detention for months, in what his lawyers described as indefinite and unlawful custody.
His legal team filed a habeas corpus petition in November 2025, arguing that his detention violated both the Immigration and Nationality Act and his constitutional due process rights. The court ultimately sided with the defence.
“I want to celebrate this moment,” Abushanab said following his release. “The days that I have lived here have been so lonely and hard for me mentally, with ICE making all efforts not to release me. This turns things around. This court order has helped me achieve justice.”
Advocates say his case highlights broader concerns over US immigration practices, particularly the continued detention of individuals who have already been granted protection from deportation.
During his detention, Abushanab’s mental health deteriorated, according to his legal team. He was reportedly denied the ability to practise his religion and meet regularly with a cleric, and faced harassment from guards.
He also undertook hunger strikes in protest, which he ended after being threatened with solitary confinement.