A federal appeals court rejected pro-Palestinian activist Mahmoud Khalil's request for rehearing Friday, prompting his legal team to seek Supreme Court review of his deportation case.
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A federal appeals court on Friday denied Mahmoud Khalil's request for a full-court rehearing, leaving in place a ruling that blocks him from challenging his detention in federal district court while his immigration case proceeds. The decision came in a 6-5 vote by the Third U.S. Circuit Court of Appeals.
Khalil's legal team announced Friday that it will seek an appeal to the U.S. Supreme Court in an effort to prevent his deportation. The move follows the appeals court's rejection of his rehearing request, which came after a January decision by a three-judge panel on the same court that overturned a lower court's order from June 2025 that had freed Khalil from immigration jail.
The ruling means Khalil must pursue his constitutional claims—including allegations that he was targeted over pro-Palestinian advocacy and unlawfully detained—through the immigration appeals process after a final removal order. Last month, Khalil was issued a final order of removal.
Three judges dissented from the denial of rehearing, writing Friday that the ruling "imperils the civil liberties of Petitioner Mahmoud Khalil and similarly situated noncitizens" and that "the consequences are profound." The dissenting judges stated: "We cannot fulfill that role if we write ourselves out of relevance and leave the Executive Branch to check itself."
Brett Max Kaufman, senior counsel at the American Civil Liberties Union, said in a statement: "Today's decision is not the final word, and we still strongly believe in our arguments going forward. Federal courts must have the power to step in when the government exploits our country's immigration system to punish people for" their speech and advocacy.
Khalil has pursued two legal tracks since his detention by Immigration and Customs Enforcement agents in March 2025. The first challenged his detention on civil liberties grounds, maintaining that his free speech rights were violated. According to his lawyers, Khalil has been targeted for deportation by the Trump administration over his pro-Palestine advocacy.
The New York Civil Liberties Union issued a statement Friday announcing the planned Supreme Court appeal on behalf of Khalil's legal team.
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