Mohammad Abdelrahman Samhan v. Kristi Noem, et al.

Summary

The United States District Court for the Southern District of Florida issued an Order to Show Cause in Mohammad Abdelrahman Samhan’s 28 U.S.C. § 2241 habeas case challenging the revocation of his order of supervision and resulting detention. The court concluded that it had jurisdiction to review whether the Government followed its own stated procedures, including providing notice and an opportunity to respond. The Government was ordered to show cause by December 29, 2025, why it did not comply with those procedures.

Holdings

1. The court has jurisdiction to review whether the Government followed its own binding regulations and procedures in revoking an Order of Supervision, even if the underlying revocation decision is discretionary.
2. The pleadings appeared to show that the Government may not have complied with its own Notice of Revocation of Release, which promised Samhan an informal interview and an opportunity to respond to the reasons for revocation and provide supporting evidence; the Government was therefore ordered to show cause.

Questions Presented

1. Whether the district court had subject matter jurisdiction to review whether the Government complied with its own stated procedures when revoking Samhan's Order of Supervision.
2. Whether the Government should be required to show cause why the petition should not be granted when the record suggested that Samhan was not given the notice and opportunity to respond promised in the Notice of Revocation of Release.

Disposition

other