Shehadeh v. Mullin

On September 17, 2026, U.S. Customs and Border Protection held Jalal Shehadeh, a U.S. citizen and practicing attorney, for roughly four hours at Newark Liberty International Airport as he returned from visiting family in Palestine. Shehadeh told officers his phone held attorney-client privileged communications about active client matters and three times refused consent to a search. CBP seized it anyway and has kept it without a warrant, a criminal charge, or any explanation. On September 26, 2026, ADC filed a time-sensitive motion under Federal Rule of Criminal Procedure 41(g) in the U.S. District Court for the District of New Jersey, arguing that even under the lower standard that applies at the border, a forensic search of a phone requires reasonable suspicion, and CBP had none. ADC is asking the Court to order the phone returned, require that any extracted data be destroyed, compel CBP to disclose what was done to the device, and hold an expedited hearing.