A federal appeals court has reversed a lower court's decision that enabled Mahmoud Khalil, a former Columbia University graduate student, to be released from immigration detention, bringing the government closer to detaining and ultimately deporting the Palestinian activist.
The 3rd U.S. Circuit Court of Appeals indicated that the federal district court in New Jersey lacked jurisdiction over Khalil's habeas petition, the legal document that facilitated his release. Instead, immigration challenges must be submitted via a petition for review in a federal appeals court, as per federal immigration laws.
In a ruling decided by a 2-1 vote, the panel elaborated, That scheme ensures that petitioners get just one bite at the apple—not zero or two.” However, the ruling also suggests that some like Khalil will have to delay relief for any alleged unlawful governmental actions.
Messages sent to Khalil and his legal counsel were not immediately answered.
This ruling marks a significant victory for the Trump administration’s broader efforts to detain and deport noncitizens involved in protests regarding Israel. However, Khalil's legal team has expressed intentions to explore all possible appeal options.
Mahmoud Khalil, known for his prominent role in the pro-Palestinian movement at Columbia, was arrested on March 8, 2025, eventually spending three months in an immigration jail in Louisiana, missing the birth of his firstborn son.
Federal authorities have accused Khalil of orchestrating activities similar to those of Hamas, although they have failed to present any conclusive evidence supporting such claims, nor have they indicated any criminal conduct against him.
The government justified Khalil's arrest using a seldom-applied statute allowing the expulsion of noncitizens whose ideologies are perceived as threatening to U.S. foreign policy. In June, a federal judge deemed this justification likely unconstitutional, which led to Khalil's release.
Following this, the Trump Administration challenged the ruling, arguing that the deportation authority resides with immigration judges rather than federal courts. The administration has also alleged that Khalil neglected to disclose specific details on his green card application, claims Khalil has categorically dismissed.
The appeals court's ruling arrives amid continuous deliberations by immigration control boards evaluating a prior judgment—suggesting that Khalil could be deported to Algeria or Syria—both locations where his safety may be severely compromised.
Khalil's attorneys stress that returning to either country would place him in peril, particularly given his roots in a Palestinian refugee family.
