An appeals court panel in the United States has dismissed a petition by Palestinian activist Mahmoud Khalil contesting his detention and deportation, delivering a notable win for the administration of former President Donald Trump. In a two-to-one ruling issued on Thursday, the appellate judges determined that the federal court which ordered Khalil’s release last year did not have jurisdiction over the case.
This ruling opens the door for the potential re-arrest of Khalil, who missed the birth of his first child while in detention last year. His legal team is expected to appeal the decision. Khalil, who was born in Syria and holds Algerian citizenship, has lawful permanent residency in the U.S. and is married to an American citizen. He was also pursuing a graduate degree at Columbia University at the time of his detention.
Khalil is among a number of foreign students targeted for deportation by the Trump administration due to their criticisms of Israel, a tactic that rights advocates argue undermines U.S. free speech protections. His legal battle has pursued dual avenues: a habeas corpus petition in federal court claiming his detention was unlawful and a challenge in administrative immigration courts regarding his removal.
The appeals court favored the government’s position that jurisdiction rests solely with the immigration courts as outlined by the Immigration and Nationality Act (INA). The court stated, “Our holdings vindicate essential principles of habeas and immigration law,” asserting that the legislative framework for immigration proceedings allows Khalil sufficient opportunity to present his claims through a petition for review of a final order of removal.
The implications of this ruling on Khalil’s situation and the broader challenges faced by other students in similar circumstances remain uncertain. Notably, federal courts have previously granted relief to several scholars—such as Turkish academic Rumeysa Ozturk—based on habeas petitions, indicating that there may still be legal pathways for affected individuals.