Appeals court ruling opens path to rearrest of Mahmoud Khalil

by · UPI

Jan. 15 (UPI) -- A federal appeals court ruled Thursday that a lower court didn't have the authority to order the release of Syrian immigrant Mahmoud Khalil while he appeals his deportation order.

The 3rd U.S. Circuit Court of Appeals voted 2-1 to dismiss a lawsuit brought by Khalil challenging his detention. The ruling effectively overturns U.S. District Judge Michael Farbiarz's order in June to release the former Columbia graduate student from federal detention in Louisiana.

The judge for the District of New Jersey said at the time that it was "highly, highly unusual" that the federal government wanted Khalil detained for more than 100 days without justification.

The appellate court said Farbiarz "lacked jurisdiction over Khalil's removal proceedings" under the Immigration and Naturalization Act and that his case must continue under the immigration court.

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"The scheme Congress enacted governing immigration proceedings provides Khalil a meaningful forum in which to raise his claims later on -- in a petition for review of a final order for removal," the appeals court said in its ruling.

"The scheme ensures that petitioners get just one bite at the apple -- not zero or two. But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government conduct."

Immigration and Customs Enforcement arrested Khalil after he organized pro-Palestinian campus protests in 2024 while enrolled at Columbia University. The Trump administration said federal agents didn't have a warrant to arrest Khalil but that the officers had "exigent circumstances to conduct the warrantless arrest" because he wasn't carrying immigration papers and he allegedly refused to cooperate with officials.

Khalil has challenged the government's efforts to remove him from the country on First Amendment grounds.

The American Civil Liberties Union said Thursday's order doesn't weigh in on the merits of his First Amendment case but simply on whether the federal district court had the subject matter jurisdiction to order his release. Additionally the organization said Khalil should be allowed to seek immediate review by the full 3rd U.S. Circuit Court of Appeals before the government can detain him again.

"Today's ruling is deeply disappointing, but it does not break our resolve," Khalil said in a statement issued by the ACLU.

"The door may have been opened for potential re-detainment down the line, but it has not closed our commitment to Palestine and to justice and accountability. 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."

Though Khalil is a Syrian national, his wife and child -- born while he was in custody -- are U.S. citizens.

Mahmoud Khalil attends NYC rally celebrating his release

Former Columbia University graduate and pro-Palestinian activist Mahmoud Khalil marches and chants with demonstrators at his release rally on the steps of St. John the Devine Cathedral in New York City on June 22, 2025. Photo by Peter Foley/UPI | License Photo