Federal appeals court reverses decision freeing Palestinian activist Mahmoud Khalil from immigration detention
A three-judge panel ruled the lower court lacked jurisdiction to order Khalil's release, clearing the way for his potential rearrest and deportation.
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A federal appeals panel on Thursday reversed a lower court decision that released former Columbia University graduate student Mahmoud Khalil from immigration detention, delivering the Trump administration a significant victory in its efforts to deport the pro-Palestinian activist.
The 2-1 ruling by a three-judge panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia found that the U.S. District Court for the District of New Jersey lacked jurisdiction over Khalil's removal proceedings under the Immigration and Nationality Act. The panel ordered the dismissal of Khalil's habeas petition, the court filing that had secured his release.
Circuit Judges Thomas Hardiman and Stephanos Bibas, both appointed by Republican presidents, wrote in their opinion that federal immigration law requires deportation challenges be made through a petition for review of a final order of removal from an immigration judge, not through habeas corpus proceedings in federal district court. "The scheme Congress enacted governing immigration proceedings provides Khalil a meaningful forum in which to raise his claims later on—in a petition for review of a final order of removal," they wrote.
The ruling opens the door to Khalil being re-arrested, though his lawyers plan to appeal. The decision does not address the central constitutional question in the case: whether the Trump administration's effort to deport Khalil over his campus activism and criticism of Israel violates his constitutional rights.
Khalil, a legal permanent resident whose wife and son are American citizens, was arrested in March and detained for more than three months in a Louisiana detention center. He was picked up at his Columbia University housing complex as part of the Trump administration's crackdown on pro-Palestinian protests. According to authorities, he was one of the main organizers of the Columbia University encampment. During his detention, he missed the birth of his son.
An immigration judge previously ordered Khalil deported to Syria or Algeria, ruling that he failed to disclose certain information on his green card application, according to documents filed in federal court by his lawyers.