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A federal appeals panel on Thursday (January 15) reversed a lower court's decision that had freed Palestinian activist Mahmoud Khalil from immigration detention. This ruling by the 3rd US Circuit Court of Appeals in Philadelphia brings the government closer to detaining and potentially deporting Khalil. The three-judge panel instructed the lower court to dismiss Khalil’s habeas petition, which had secured his release, stating that the federal district court in New Jersey lacked jurisdiction over the matter.
The panel's 2-1 decision emphasized that federal immigration laws require deportation challenges to be filed as a petition for review of a final order of removal with a federal appeals court, not a lower-level district court. The panel wrote, "That scheme ensures that petitioners get just one bite at the apple—not zero or two." However, this means that Khalil will have to wait to seek relief for allegedly unlawful government conduct.
Khalil, a former Columbia University graduate student, was arrested in March 2025 and spent three months in a Louisiana immigration jail. Federal officials have accused him of leading activities "aligned to Hamas," though no evidence or criminal charges have been presented. The government justifies his arrest under a statute allowing the expulsion of noncitizens whose beliefs are deemed a threat to US foreign policy interests.
Khalil's attorney, Baher Azmy, expressed disappointment with the ruling, stating, "We are disappointed by and strongly disagree with the majority’s opinion." Khalil's legal team plans to continue fighting the case through all available legal avenues. Khalil has dismissed the allegations as "baseless and ridiculous," asserting that his arrest is a consequence of his advocacy for Palestinian rights.
The appeals court decision is part of President Donald Trump's administration's broader efforts to detain and deport noncitizens involved in protests against Israel. Khalil's attorneys have argued that deporting him to Algeria or Syria, where he could face mortal danger, would be unjust.