The U.S. Court of Appeals for the Third Circuit on Jan. 15 reversed a decision releasing Mahmoud Khalil, a former Columbia University student and Palestinian activist, from custody.
The U.S. District Court for the District of New Jersey had ordered his release following his detention by U.S. Immigration and Customs Enforcement (ICE) on March 8 and transfer to a detention center in Louisiana.
The U.S. government appealed that decision, as part of its effort to deport and remove him from the United States, arguing that the district court lacked jurisdiction over him because the Immigration and Nationality Act prevents federal courts from reviewing such cases. The appeals court agreed.
The court ruled that Khalil cannot seek relief from removal in federal court until a final order of removal is issued, meaning when his deportation proceedings have concluded and he is on the verge of removal from the country.
The three-judge panel voted 2–1 in favor of the ruling. Judge Arianna J. Freeman dissented, saying that she believed the courts had jurisdiction over his case.
"In my view, the District Court also had subject matter jurisdiction. ... To halt the irreparable harm Khalil suffered during his detention," she wrote.
Khalil is a citizen of Algeria and a graduate student at Columbia University. He gained lawful permanent residency (LPR status) in the United States in November 2023 after marrying a U.S. citizen, Noor Abdalla, who gave birth to his son during his detention.
Khalil's detention has been criticized by progressive quarters of public opinion as well as politicians from the Democratic Party. New York City Mayor Zohran Mamdani, Sen. Bernie Sanders (I-Vt.), and Rep. Alexandria Ocasio-Cortez (D-N.Y.) have all expressed support for Khalil.
The Epoch Times reached out to Khalil's attorney for comment but did not receive a response by publication time.