Chehab v. Noem
BrynoDC Coverage 1 video
Overview
Overview
The cousin of Dr. Rasha Alawieh, a Lebanese citizen and Brown University professor with a H-1B visa, sued the Trump administration over the detention and deportation of Alawieh.
The Issue
Issue
Whether the Trump administration lawfully detained and deported Dr. Rasha Alawieh, a Lebanese national holding valid H-1B visa status as a Brown University professor, and whether the deportation violated Fifth Amendment due process protections or the Immigration and Nationality Act.
The Rules
Rule
H-1B visa holders are entitled to statutory protections under the Immigration and Nationality Act and may not be deported without compliance with procedural due process requirements. The Fifth Amendment protects aliens subject to deportation proceedings, and executive actions must follow the Administrative Procedure Act and may not be arbitrary or capricious.
The Application
Analysis
Dr. Alawieh held valid H-1B employment-based visa status, triggering INA procedural protections. The government's detention and deportation raised questions of whether adequate notice, opportunity to be heard, and compliance with visa cancellation procedures were provided before removal.
The Conclusion
On October 31, 2025 Judge Sorokin dismissed the case for lack of jurisdiction, not on the merits of whether the deportation was lawful. Because Alawieh is no longer in U.S. custody, the court held it could not grant the habeas relief she sought or undo the removal or the five-year reentry bar, and it noted that challenges to expedited removal of arriving noncitizens fall largely outside the jurisdiction of any federal court. The court did not decide whether the deportation itself was lawful. Alawieh filed a notice of appeal on December 30, 2025, and the case is now pending before the First Circuit as No. 25-2238.
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