An appeals court has ruled that a federal judge lacked the authority to order the release of Mahmoud Khalil, a pro-Palestinian Columbia University graduate detained by the Trump administration. The 2-1 decision by the U.S. Court of Appeals for the Third Circuit could lead to Khalil’s re-arrest, though he may continue appealing.
Khalil, who helped organize pro-Palestinian demonstrations on campus, was taken into custody in March and held in a Louisiana detention center for about three months. A federal judge in New Jersey had ordered his release in June.
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The Third Circuit majority, Judge Thomas Hardiman and Judge Stephanos Bibas, ruled that the district court lacked jurisdiction. Federal law requires deportation challenges to go through the immigration system and be reviewed by a federal appeals court once a final order of removal is issued. “That scheme ensures that petitioners get just one bite at the apple—not zero or two,” the panel explained.
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Judge Arianna Freeman dissented, asserting that Khalil’s claims were urgent and that the district court had proper jurisdiction.
Khalil emphasized his continued commitment to legal action and advocacy, noting that while the ruling may allow for future detention, “I will continue to fight, through every legal avenue, until my rights, and the rights of others like me, are fully protected,” he remarked.
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His lawyers are considering an appeal to the full Third Circuit, a step that could precede a Supreme Court petition. The administration cited immigration law provisions and alleged fraudulent information on Khalil’s green card as justification for his detention.
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