In a significant development for the Trump administration, an appeals court has overturned a previous decision that had released Mahmoud Khalil, a pro-Palestinian activist, from immigration detention. This ruling marks a pivotal moment in the ongoing legal proceedings.
Khalil was apprehended at his residence within Columbia University’s housing and detained under the Trump administration’s intensified measures against pro-Palestinian demonstrations. During his three-month stay in a Louisiana detention facility, Khalil was unable to be present for the birth of his child.
The government contends that Khalil played a leading role in organizing the Columbia University protest encampment.
The Third Circuit Court of Appeals, based in Philadelphia, decided with a 2-1 vote that the federal district court in New Jersey lacked the authority to mandate Khalil’s release, as immigration cases are subject to specific legal processes.
The ruling requires the lower court to dismiss the habeas corpus petition that had previously allowed Khalil’s release from detention.
The judicial panel emphasized that federal immigration statutes dictate that any challenges to deportation must be submitted as a petition for review of a final removal order to a federal appeals court, rather than through 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 bars Khalil “from attacking his detention and removal in a habeas petition,” the panel added.
Khalil will almost certainly appeal. And if he fails, this will almost certainly allow ICE to re-detain him and restart the deportation process in immigration court.
Two of the judges are saying Khalil should have exhausted the immigration courts before going to the district courts, which are part of the judicial system.
The other judge ruled Khalil’s actions were proper, since the government violated his fundamental rights. That judge believes Khalil proved he was irreparably injured during his detention. That judge was outvoted, 2-1
The majority decided the district court judge, based in Newark, lacked subject-matter jurisdiction. In other words, he did not have oversight over immigration cases.
Khalil’s lawyers filed a writ of habeas corpus with the district judge, a common move by immigration attorneys, to seek the prevention of immigration court proceedings and his release.
In a statement, Khalil pledged to fight a “deeply disappointing” ruling from the three-judge panel.
“Today’s ruling is deeply disappointing, but it does not break our resolve,” Khalil’s statement said. “The door may have been opened for potential re-detainment down the line, but it has not closed our commitment to Palestine and to justice and accountability. I will continue to fight, through every legal avenue and with every ounce of determination, until my rights, and the rights of others like me, are fully protected.”
His lawyers said they are now considering whether to pursue an appeal to the full circuit, an interim step before a possible push to the U.S. Supreme Court.
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