Reply brief says government is trying to sidestep serious First Amendment and due process concerns to avoid federal judicial review
(SACRAMENTO, CA, 11/5/2025) –The California chapter of the Council on American-Islamic Relations (CAIR-CA), along with co-counsel Hassan Ahmad of HMA Legal and the Muslim Legal Fund of America, today filed a reply in the U.S. District Court for the Eastern District of California (Fresno Division) urging the court to reject the government’s arguments in opposition and leave in place an emergency order blocking the transfer of British Muslim journalist and political analyst Sami Hamdi while his First Amendment and due process claims are litigated.
SEE: Sami Hamdi v. Donald Trump, et al
Last week, a federal judge granted a temporary restraining order (TRO) preventing Immigration and Customs Enforcement (ICE) from transferring Hamdi out of California. The new filing asks the court to maintain the TRO, release Hamdi from detention while his habeas petition proceeds, and ensure his continued access to his legal team.
In a statement, CAIR-CA CEO Hussam Ayloush said:
“The U.S. government unconstitutionally detaining and attempting to deport a renowned journalist for speaking in support of Palestinian rights serves one purpose: protecting the state of Israel, a state engaged in war crimes and genocide. Israel-firsters within our government are sacrificing our free speech and democracy to shield a foreign government from criticism.
“The court’s emergency order keeping Sami in California is a critical safeguard against retaliation and prior restraint, and it should be strengthened by releasing him while this challenge moves forward. Sami constitutes no threat to our country and was in our country on a valid visa.”
Today’s reply brief asks the court to end Hamdi’s unconstitutional detention while his case is heard and, failing release, to maintain jurisdiction and guarantee meaningful access to counsel. Specifically, it asks the court to keep in place the order blocking Hamdi’s transfer or removal, require advance notice before any attempted move, guarantee access to his lawyers, require the government to turn over limited records, and release him from detention while the habeas case is heard.
The filing asserts that Hamdi’s detention and threatened removal constitute retaliation for protected speech, operate as a prior restraint on his future speaking engagements, and have been compounded by serious obstacles to accessing counsel.
“The whole point of this order is simple: end Sami’s unconstitutional detention while the court hears his case, or, at the very least, keep him where his lawyers can reach him,” Ayloush added. “Stopping ICE from shuttling him around its vast detention network is a modest step that protects his right to counsel and makes sure immigration powers are not used to punish political viewpoints.”
Hamdi was detained by ICE in late October after far-right activists publicly demanded that his visa be revoked and that he be deported because of his views on Palestine.
The reply also notes that, while Hamdi’s legal team was preparing their reply brief, the Department of Homeland Security was simultaneously using its official X account to slander Hamdi as “supporting terrorism” and “undermining the safety of Americans,” though the charging documents accuse him only of overstaying his visa.
CAIR-CA is a chapter of CAIR, America’s largest Muslim civil liberties and advocacy organization. Its mission is to enhance the understanding of Islam, protect civil rights, promote justice, and empower American Muslims.
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CONTACT: CAIR Greater Los Angeles Area Communications Manager Enjy El-Kadi, 714.851.4851, eelkadi@cair.com; CAIR Sacramento Valley/Central California Communications Director Zaid Hisham, 916.441.6269, zhisham@cair.com; CAIR San Diego Executive Director Tazheen Nizam , 760.201.7626, tnizam@cair.com; CAIR San Francisco Bay Area Communications Manager Lorrie Adam, 408.498.5779, ladam@cair.com