A federal appeals court on Thursday struck down a previous ruling that had freed Mahmoud Khalil from immigration detention, effectively placing the former Columbia University graduate student back in the crosshairs of federal authorities seeking his deportation.
The decision, handed down by a three-judge panel of the 3rd U.S. Circuit Court of Appeals, orders the dismissal of the habeas petition that initially secured Khalil’s release.
The Philadelphia-based panel determined that the federal district court in New Jersey had overstepped its authority, ruling that it lacked the jurisdiction to intervene in the matter.
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In a 2-1 split decision, the judges clarified that under federal immigration law, challenges to deportation orders cannot be fielded by lower-level district courts.
Instead, the panel ruled that such cases must be brought directly to a federal appeals court through a “petition for review” of a final removal order.
“That scheme ensures that petitioners get just one bite at the apple—not zero or two,” the majority opinion stated. The judges acknowledged the procedural hurdle, noting that it means petitioners like Khalil “will have to wait to seek relief for allegedly unlawful government conduct,” and are effectively barred from using habeas petitions to contest their detention or removal.
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The ruling marks a significant procedural victory for the Trump administration in its ongoing campaign to detain and deport noncitizens involved in protests regarding Israel.
However, the case is likely to continue; attorneys for the 31-year-old activist will likely exhaust all remaining legal avenues to challenge the decision.
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