In a significant development, a federal appeals court has granted Mahmoud Khalil, a former graduate student at Columbia University, additional time to challenge the Trump administration’s attempts to deport him.
Khalil, who holds lawful permanent residency in the United States, was apprehended by immigration authorities last year. The arrest followed his involvement in pro-Palestinian demonstrations at Columbia University during the spring of 2024.
The U.S. government contended that Khalil’s presence was detrimental to the nation’s foreign policy interests, leading to his detention. After spending several months in custody, a federal judge in New Jersey ordered Khalil’s release, arguing that the government’s actions were unconstitutional.
The case was subsequently taken up by the 3rd U.S. Circuit Court of Appeals. The court determined that the New Jersey judge lacked the jurisdiction to intervene in the matter and emphasized that the case should first be addressed through the immigration courts.
In a recent turn of events, the appeals court decided to temporarily suspend its ruling, allowing Khalil the opportunity to appeal to the U.S. Supreme Court. This pause provides Khalil with a crucial window to continue his legal fight against deportation.
The appeals court on Tuesday, however, said it would put its ruling on hold while Khalil appeals to the U.S. Supreme Court.
Brett Max Kaufman, senior counsel with the American Civil Liberties Union, which is involved in representing Khalil, said they’re grateful for the decision.
“We look forward to asking the Supreme Court to make clear that the government cannot use the threat of detention and deportation to silence dissent,” he said in a statement.
An appeal to the high court is expected in the coming months, possibly in late summer.
The U.S. Department of Homeland Security did not immediately comment on the decision.
As the court directed, Khalil’s lawyers have also argued his case in the immigration courts — so far unsuccessfully. He now has a separate appeal of those proceedings pending before a different federal appeals court, the 5th U.S. Circuit Court of Appeals, in Louisiana.
Tuesday’s stay by the 3rd U.S. Circuit Court of Appeals provides Khalil with an extra layer of insulation against his possible re-arrest and deportation while his other appeals are still pending.
The court did not provide a reason for the decision, but said, “If no timely petition is filed,” parties need to let the court know in writing.
