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, the panel added.
The decision marked a major win for the Trump administration’s sweeping campaign to detain and deport noncitizens who joined protests against Israel. However, it is likely not the final word in Khalil’s multipronged legal battle, as his lawyers have stated their intent to exhaust all appeal options.
An outspoken leader of the pro-Palestinian movement at Columbia, Khalil was arrested at his apartment on March 8, 2025. He subsequently spent three months detained in a Louisiana immigration jail, missing the birth of his firstborn son.
Federal officials have accused Khalil of leading activities “aligned to Hamas,” although they have not presented evidence to validate this claim or accused him of any criminal conduct. The government justified the arrest under a seldom-used statute that allows for the expulsion of noncitizens whose beliefs are deemed a threat to U.S. foreign policy interests.
In June, a federal judge in New Jersey ruled that this justification would likely be declared unconstitutional and ordered Khalil's release. The Trump administration then appealed that ruling, asserting that the deportation decision should ultimately be made by an immigration judge instead of a federal court, while also accusing Khalil of failing to disclose information on his green card application.
Khalil has dismissed these allegations as baseless and framed his arrest and detention as a direct consequence of exercising his right to free speech in advocating for a free Palestine and an end to the genocide in Gaza.
The appeals court decision coincides with an immigration court board weighing a previous order from an immigration judge that suggested Khalil could be deported. His attorneys contend that the federal order should take precedence. The judge indicated that Khalil might be sent to Algeria or Syria, both of which his attorneys argue pose a mortal danger to him.
