A federal appeals court ruled yesterday that a judge had no jurisdiction to order the release of Columbia University graduate Mahmoud Khalil from immigration detention, delivering President Donald Trump’s administration a victory in its efforts to deport the pro-Palestinian activist.
The 2-1 ruling by a panel of the Philadelphia-based 3rd US Circuit Court of Appeals opens the door to Khalil being rearrested after it ordered the dismissal of a lawsuit he filed challenging his initial detention.
The court said that under the Immigration and Nationality Act, the district court that considered his lawsuit was not the proper forum to address his claims, which should have been heard through an appeal of a removal order from an immigration judge.
Khalil was among the most prominent of a number of foreign students detained last year after engaging in pro-Palestinian activism on their college campuses.
While the ruling is likely to be appealed, if it stands it could close off a legal avenue that many have used to challenge deportation orders.
Yesterday’s ruling came from US Circuit Judges Thomas Hardiman and Stephanos Bibas, both of whom were appointed by Republican presidents.
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