Appeals court rules favouring pro-Palestinian Mahmoud Khalil’s arrest
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Washington: A federal appeals panel on Thursday reversed a lower court decision that released Mahmoud Khalil from an immigration jail, bringing the government one step closer to detaining and ultimately deporting the Palestinian activist, the Associated Press reported.
A three-judge panel of the 3rd US 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.
In a 2-1 decision, the panel ruled that federal immigration laws require deportation challenges to be made by filing a petition for review of a final order of removal with a federal appeals court — not a lower-level district court.
“That scheme ensures that petitioners get just one bite at the apple—not zero or two,” the panel wrote. “But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government conduct.”
The law bars Khalil “from attacking his detention and removal in a habeas petition,” the panel added.
Messages sent to Khalil and his legal team were not immediately returned.
The decision marked a major win for the Trump administration's sweeping campaign to detain and deport noncitizens who joined protests against Israel.
It is likely not the final word in Khalil's multipronged legal battle. Lawyers for the 30-year-old Palestinian activist have said they will exhaust all appeal options.
An outspoken leader of the pro-Palestinian movement at Columbia, Khalil was arrested at his apartment on March 8, 2025. He then spent three months detained in a Louisiana immigration jail, missing the birth of his firstborn son.
Federal officials have accused Khalil of leading activities “aligned to Hamas,” though they have not presented evidence to back up the claim and have not accused him of criminal conduct.