Court Overturns Ruling to Release Palestinian Activist Mahmoud Khalil
On Thursday, a federal appeals panel overturned a lower court ruling that had previously granted the release of Palestinian activist Mahmoud Khalil from immigration detention. This decision brings the government closer to the potential deportation of Khalil, who is well-known for his advocacy for Palestinian rights.
Court Ruling Details
The three-judge panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia concluded that the lower court in New Jersey lacked jurisdiction over Khalil’s case. The appeals court mandated the dismissal of Khalil’s habeas petition, which had secured his release earlier.
In a split decision of 2-1, the panel emphasized that federal immigration laws dictate deportation challenges must be submitted to a federal appeals court, not a district court. The ruling stated: “That scheme ensures that petitioners get just one bite at the apple—not zero or two.” However, this limitation means petitioners like Khalil must wait for potential relief from perceived government misconduct.
Reactions to the Decision
Baher Azmy, Khalil’s attorney, expressed disappointment with the ruling. He highlighted the strong dissenting opinion in the case and affirmed their commitment to challenging Khalil’s detention through all available legal avenues. “We will continue to fight against his unlawful persecution and detention,” Azmy stated.
Background of Mahmoud Khalil
Khalil’s activism has made him a target for federal authorities, particularly during the Trump administration’s aggressive immigration policies. He was arrested on March 8, 2025, at his residence, spending three months in a Louisiana immigration facility. His detention coincided with a personal trauma: he missed the birth of his first child.
Federal officials have linked Khalil to activities deemed supportive of Hamas, although no substantial evidence has been presented to corroborate these claims, and he has not faced any criminal charges. His arrest was justified under a rarely invoked statute pertaining to noncitizens whose ideologies are believed to threaten U.S. foreign policy.
Legal Proceedings and Appeals
A federal judge in New Jersey had previously ruled that the government’s justification for Khalil’s arrest might violate constitutional standards, ordering his release. In response, the Trump administration appealed the ruling, asserting that the final decision regarding deportations should rest with immigration judges. They additionally claimed Khalil failed to disclose pertinent information on his green card application, accusations Khalil dismissed as “baseless and ridiculous.”
Potential Deportation Risks
The appeals court’s recent decision arrives at a moment when Khalil’s future hangs in the balance. An immigration judge previously determined that Khalil might be eligible for deportation, potentially to Algeria or Syria. Khalil’s attorneys argue that he would face significant danger if forced to return to either country.
As this case develops, Khalil’s advocates stress the implications of the court’s ruling on his right to free speech and activism for Palestinian rights. They vow to continue the fight against what they consider an unjust process.
