Court denies venue change and waiver, citing misrepresentation of ties to activist groups, as legal team vows to continue fight.
A U.S. Immigration Judge has ordered the removal of Palestinian activist Mahmoud Khalil, denying his request for a waiver of deportation and other motions. The decision, filed on Wednesday, comes despite an ongoing federal court case and orders from a New Jersey District Judge to consider the waiver.
Khalil’s legal team, led by the ACLU and Center for Constitutional Rights, says the ruling is part of a broader effort to retaliate against him for his pro-Palestinian activism and vowed to continue the legal battle.
The ruling by Judge Jamee Comans of the Louisiana Immigration Court found Khalil statutorily ineligible for a waiver of deportation and, in the alternative, denied it as a matter of discretion. The judge’s decision was based on several factors, including her finding that Khalil misrepresented his ties to activist groups—specifically the United Nations Relief and Works Agency for Palestinian Refugees (UNRWA) and Columbia University Apartheid Divest (CUAD)—on his application for permanent residency.
Judge Comans also denied Khalil’s motions for a change of venue to New York City and for an extension of time to submit evidence.
The Immigration Judge acknowledged a prior order from U.S. District Judge Michael E. Farbiarz of New Jersey, which prohibited her from relying on a Secretary of State determination that Khalil’s presence had adverse foreign policy consequences.
However, the judge’s decision still incorporated that determination by reference and also found “alternative findings” to support the denial, which included Khalil’s alleged misrepresentation and his “relatively short tenure” in the U.S.
In a letter to Judge Farbiarz, Khalil’s legal team described the Immigration Judge’s decisions as “highly unusual” and part of a “broader effort to retaliate against Petitioner for his constitutionally protected expression.”
The legal team noted that the denial of a venue change is not a routine occurrence, and the waiver was denied without an evidentiary hearing where Khalil’s wife, a U.S. citizen, could have testified about the hardship they would face. The judge stated that the hardship “is consistent with that which would ordinarily be expected.”
Khalil’s counsel stated their intent to promptly seek leave from the New Jersey District Court to amend their habeas corpus petition and complaint, seeking to add new facts that have surfaced since the last filing. They also plan to seek expedited discovery to support their claims.
The legal team has 30 days from September 12 to appeal to the Board of Immigration Appeals (BIA), but they expressed concern that the BIA process will be swift and an affirmance of the IJ’s determination is expected. The only remaining “meaningful impediment” to his removal, they said, is the federal court’s order prohibiting his deportation during the pendency of the habeas case.
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