A federal appeals panel on Thursday reversed a lower court decision that released former Columbia University graduate student Mahmoud Khalil from an immigration jail, bringing the government one step closer to detaining and ultimately deporting the Palestinian activist.
A three-judge panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia instructed the lower court to dismiss Khalil’s habeas petition, a court filing that secured his release. The panel ruled that the federal district court in New Jersey did not have jurisdiction over the matter because immigration challenges are handled differently under the law.
The panel ruled in a 2-1 decision that federal immigration laws mandate such deportation challenges be filed with a federal appeals court, rather than a lower-level district court. That scheme ensures that petitioners get just one bite at the apple—not zero or two, the panel wrote, while acknowledging that petitioners like Khalil must wait to seek relief for alleged unlawful government conduct.
The decision marked a significant victory for the Trump administration's efforts to deport noncitizens involved in protests against Israel. Khalil's defense argues that the charges against him derive from his activism, which he claims is a direct consequence of exercising his right to free speech in advocating for Palestine.
Despite the setback, Khalil’s lawyers have indicated they will exhaust all appellate options, emphasizing that the legal battle is not over. Khalil, who was arrested on March 8, 2025, missed the birth of his child while detained and faces potential deportation to Algeria or Syria, nations he fears would put his life in jeopardy.
