The Third Circuit Court of Appeals on Thursday overturned a lower court’s ruling that stopped the Trump administration from detaining or deporting former Columbia University student Mahmoud Khalil.
Khalil, a 30-year-old Palestinian activist, has been fighting deportation since March last year, when ICE agents arrested him at his apartment.
The authorities held Khalil in a facility in Louisiana until a federal judge in New Jersey ordered his release in June 2025, arguing that the government’s actions were likely unconstitutional. The appeals court determined that the judge did not have the authority to issue such a ruling, according to CNN.
A federal appeals panel on Thursday reversed a lower court decision that released Mahmoud Khalil from an immigration jail, bringing the government one step closer to detaining and ultimately deporting the Palestinian activist.
A three-judge panel of the 3rd US Circuit Court of Appeals in Philadelphia instructed the lower court to dismiss Khalil’s habeas petition, a court filing that secured his release. The panel ruled the federal district court in New Jersey did not have jurisdiction over the matter because immigration challenges are handled differently under the law.
In a 2-1 decision, the panel ruled that federal immigration laws require deportation challenges to be made by filing a petition for review of a final order of removal with a federal appeals court — not a lower-level district court.
“That scheme ensures that petitioners get just one bite at the apple—not zero or two,” the panel wrote. “But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government conduct.”
The law bars Khalil “from attacking his detention and removal in a habeas petition,” the panel added.
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Appeals court rules judge had no jurisdiction to order release of Mahmoud Khalil https://t.co/vqIJQZwpw9 pic.twitter.com/9hXGBFyt2C
— New York Post (@nypost) January 15, 2026
Khalil was a prominent leader in the anti-Israel protests that cropped up on college campuses after Hamas’ October 7, 2023, attack on Israel.
The federal government claims Khalil lied on his green card application by failing to disclose certain jobs he held, including work for the United Nations and at the Syrian office of the British Embassy.
The activists’ lawyers argue that the White House is targeting him for speaking out against the war in Gaza, which constitutes a violation of his First Amendment rights.
The government further alleges that Khaliil was involved in activities “aligned to Hamas.” However, the White House has not yet provided the evidence that led them to this conclusion. It cited a statute that could allow for the deportation of noncitizens who carry beliefs that threaten U.S. foreign policy.
Despite the appeals court’s ruling, the Trump administration cannot re-detain Khalil until the order takes effect, which can’t happen while he still has the opportunity to seek immediate review of the case.
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