Court Reinstates Deportation for Palestinian Activist

Appeals court overturns ruling, allowing detention and deportation of Mahmoud Khalil to proceed.

Appeals Court Reinstates Path to Detention and Deportation of Palestinian Activist Mahmoud Khalil

A federal appeals court has reversed a lower court ruling that had freed Palestinian activist Mahmoud Khalil from immigration detention, clearing the way for the government to re-detain him and continue deportation proceedings. In a 2–1 decision, a three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled that the New Jersey federal district court lacked jurisdiction to order Khalil’s release.

The panel held that challenges to immigration detention and removal must follow a specific legal pathway set out by federal law. Under that framework, individuals facing deportation are required to seek review by filing a petition with a federal appeals court after a final order of removal, rather than using a habeas petition in a district court. Because Khalil pursued the latter route, the panel ordered his case dismissed.

Writing for the majority, the judges emphasized that Congress designed the immigration review system to limit challenges to a single, clearly defined process. While acknowledging that this structure can delay relief for detainees, the court said the law nonetheless bars Khalil from contesting his detention and removal through habeas proceedings.

Khalil’s legal team sharply criticized the ruling, pointing to a forceful dissent and vowing to continue fighting the case. His attorney, Baher Azmy, said the defense will pursue “all available legal avenues,” arguing that Khalil is being unlawfully targeted and detained as the case moves forward through the immigration system.