A hearing scheduled for Monday to decide whether the deportation of Lebanese doctor Rasha Alawieh was an intentional violation of a court order was postponed for a week after Alawieh's team filed to stay the hearing. Alawieh was deported on Friday after she told US Customs and Border Protection (CBP) that she had attended the funeral in Beirut of former Hezbollah leader Hassan Nasrallah. CBP also said that they found "sympathetic" pictures and videos of Hezbollah members on her phone.
Alawieh, 34, is a kidney specialist and an assistant professor at Brown University's medical school. She has lived in the United States since 2018, when she was issued a student visa for a medical fellowship at Ohio State University. Alawieh was issued her H-1B visa — a visa given to foreign workers in specialty occupations — by the US Consulate in Lebanon on March 11, and it was supposed to be valid until mid-2027.
What we know: Early in the morning of March 13, Alawieh arrived to Boston’s Logan International Airport after returning from Lebanon. Upon arriving at the airport, she was detained by CBP for more than 36 hours, with no ability to contact family members or an attorney.
After learning of the detention, Yara Chehab, a cousin of Alawieh, filed a habeas corpus petition with the US district court of Massachusetts on the evening of Friday, March 14. Chehab, acting as "next friend" of Alawieh, alleged that the actions of the Department of Homeland Security (DHS) and CBP amounted to due process violations, as well as violations of the Administrative Procedure Act (APA) and Immigration and Nationality Act (INA).
Alawieh’s lawyers claim that the agencies' actions violate section 555(b) of the APA, which allows counsel if a person is to appear before an agency, and section 706, which allows a reviewing court, in this case the district court, to interpret and rule on the actions of an agency.
They also claim that the DHS and CBP violated the INA, which outlines both the status of special immigrants and visa requirement for those entering the United States.
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