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, stating that the federal district court in New Jersey lacked jurisdiction over the immigration matter.
In a 2-1 decision, the panel articulated that federal immigration laws necessitate that deportation challenges be filed with a federal appeals court rather than a 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 prohibits Khalil from contesting his detention and removal through a habeas petition, as indicated by the panel.
The outcome marks a significant victory for the Trump administration's campaign aimed at detaining and deporting noncitizens engaged in protests against Israel.
This ruling may not be the last in Khalil’s complex legal battle; his lawyers have asserted their intent to exhaust all avenues of appeal.
Khalil, a pivotal figure in the pro-Palestinian movement at Columbia University, was arrested at his apartment on March 8, 2025. His three-month detention in a Louisiana immigration jail saw him miss the birth of his first child.
Federal officials have accused Khalil of leading activities “aligned to Hamas,” yet they have not provided supporting evidence or charged him with any criminal offenses.
According to the government, his arrest was justified under a rare statute permitting the expulsion of noncitizens whose beliefs are thought to threaten U.S. foreign policy. Previously, a New Jersey federal judge had ruled that this reasoning might be unconstitutional, ordering Khalil’s release.
The Trump administration proceeded to appeal this ruling, insisting that deportation decisions should lie with immigration judges rather than federal courts. Additionally, they have accused Khalil of omitting information on his green card application.
Khalil has rejected these claims as “baseless and ridiculous,” arguing that his detention is a “direct consequence of exercising my right to free speech as I advocated for a free Palestine and an end to the genocide in Gaza.”
The appeals court ruling coincides with an immigration court board evaluating a previous ruling that determined Khalil could face deportation. His attorneys maintain that the federal ruling should take precedence, as his potential deportation to Algeria (through distant citizenship) or Syria (where he was born) poses significant dangers to his life.
Messages sent to Khalil and his legal representatives were not immediately returned.
