A federal appeals court on Thursday reversed a lower court decision that had released Mahmoud Khalil, a pro-Palestinian activist and Columbia University graduate, from immigration detention, moving the government closer to re-detaining and potentially deporting him.
The U.S. Court of Appeals for the Third Circuit in Philadelphia ruled 2-1 that the federal district court in New Jersey did not have the authority to hear Khalil’s case. The panel ordered the lower court to dismiss the habeas petition that had secured his release, noting that federal immigration law requires deportation challenges to be filed with an appeals court rather than a district court.
Two judges in the majority emphasized that Khalil must exhaust options in the immigration system before seeking district court relief. U.S. Circuit Judge Arianna Freeman disagreed with the majority, arguing that Khalil faced immediate and serious harm and that the district court was within its authority to hear the case.
Khalil was arrested in March 2025 at his Columbia University residence during pro-Palestinian protests and spent three months in a Louisiana immigration detention center. The Trump administration cited a rarely used statute allowing deportation of noncitizens who allegedly threaten U.S. foreign policy and claimed Khalil provided false information on his green card. His attorneys called the allegations “baseless and ridiculous” and said his detention was retaliation for exercising free speech.
In a statement, Khalil remarked, “Today’s ruling is deeply disappointing, but it does not break our resolve… I will continue to fight, through every legal avenue and with every ounce of determination, until my rights, and the rights of others like me, are fully protected.” His legal team is considering an appeal to the full Third Circuit and potentially the Supreme Court.
