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, a court filing that secured his release. The panel ruled that the federal district court in New Jersey did not have jurisdiction over the matter because immigration challenges are handled differently under the law.
In a 2-1 decision, the panel ruled that federal immigration laws require deportation challenges to be made by filing a petition for review of a final order of removal with a federal appeals court — not a lower-level 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.
Messages sent to Khalil and his legal team were not immediately returned.
The decision marks a significant victory for the Trump administration’s efforts to detain and deport noncitizens involved in protests against Israel.
It is unlikely to be the final decision in Khalil’s legal struggle, as his attorneys are determined to exhaust all appeal options. Khalil, an outspoken leader of the pro-Palestinian movement at Columbia, was arrested at his apartment on March 8, 2025, claiming he missed the birth of his firstborn son while detained in a Louisiana immigration jail.
Federal officials have accused Khalil of leading activities “aligned to Hamas,” although no evidence has been provided to support this claim, and there have been no criminal charges. The government justified his arrest under a rarely used statute that allows the expulsion of noncitizens deemed a threat to U.S. foreign policy interests, a justification that has been contested in court.
In a significant ruling in June, a federal judge in New Jersey indicated that this justification might be unconstitutional, ordering Khalil's release. The Trump administration subsequently appealed, arguing that deportation decisions should rest with an immigration judge rather than a federal court. They’ve also claimed Khalil concealed information on his green card application, a claim he has dismissed as baseless.
The appeals court ruling coincides with an immigration court board considering a previous order that found Khalil could be deported. His lawyers argue that the federal order should take precedence. The presiding immigration judge suggested deportation might lead Khalil to Algeria or Syria, where he would face serious threats to his life, according to his legal representatives.
