Court Bars Review of H-1B Doctor's Deportation in 2026

The US Court of Appeals for the First Circuit ruled in October 2026 that federal courts have no power to review an expedited removal order issued against a Lebanese doctor who held an H-1B visa. The decision means Dr. Rasha Alawieh — a transplant nephrologist employed by Brown University Health — has no path to challenge her deportation in court. She now faces a five-year bar on returning to the United States.

What happened at Boston Logan Airport

Alawieh arrived at Boston Logan Airport on March 13, 2025, after visiting family in Lebanon. CBP officers searched her phone and found photos and videos of Hassan Nasrallah, the late leader of Hezbollah, as well as images of Hezbollah fighters and Ayatollah Ali Khamenei. Officers also found that many of those photos had been deleted one or two days before her arrival. When asked, Alawieh admitted she deleted them, saying she did not want them to create a wrong impression. She described her admiration for Nasrallah as religious and spiritual, not political, and said she is a devout Shia Muslim. She made no statement criticizing Hezbollah or Nasrallah. CBP officers concluded her "true intentions could not be determined" and issued an expedited removal order on March 14, 2025. Her H-1B visa was revoked the same day, and she was put on a flight back to Lebanon that evening.

Alawieh's lawyers argued the removal violated the Appointments Clause and the Suspension Clause of the Constitution, and that she should have had a hearing before an immigration judge. The district court dismissed her petition, and the First Circuit affirmed that dismissal in October 2026. The court said Congress, through the Immigration and Naturalization Act (INA), stripped courts of jurisdiction — meaning the legal authority — to review expedited removal orders. Alawieh did not qualify for any of the narrow statutory exceptions that would allow a court to step in.

What this means for you

Expedited removal is a fast-track deportation process that CBP officers can use at ports of entry — airports, land borders, and seaports — without a hearing before an immigration judge. This ruling confirms that once CBP issues such an order, federal courts generally cannot review it. If you hold an H-1B visa, a student visa, or any nonimmigrant visa and you travel abroad, CBP can inspect you as an "applicant for admission" when you return. Officers can search your phone. Anything found — photos, messages, deleted files — can be used to question your admissibility. A removal order issued at the border is very difficult to fight after the fact.

• Before any international trip, talk to an immigration lawyer about the risks of traveling while on a nonimmigrant visa, especially if you have ties to countries or organizations that the US government monitors.
• Know that CBP officers can search your phone at the border without a warrant. You have the right to remain silent, but lying to a federal officer is a crime. Lawyers generally advise being truthful and calm.
• If CBP detains you at a port of entry, ask to speak with an attorney immediately. Contact a family member or friend who can reach a lawyer on your behalf.
• If you receive an expedited removal order, document everything — dates, officer names, what was said — and contact an immigration attorney right away, even if you are already outside the US. Some legal challenges, though limited, may still be possible depending on your specific facts.

Related: our step-by-step guide — “Appealing to the BIA”.