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3rd Circuit Hears DOJ Appeal to Reinstate Detention and Deportation Efforts Against Mahmoud Khalil

Judges questioned the government’s jurisdiction argument after ICE rapidly moved him between states before lawyers could locate him.

Overview

  • The Justice Department urged the Philadelphia-based appeals court to reverse a New Jersey judge’s June order that freed Khalil and barred his removal on foreign‑policy grounds.
  • Government attorney Drew Ensign called the lower court’s ruling “indefensible,” arguing habeas in New Jersey was improper and that challenges belong in immigration court in Louisiana.
  • Members of the three-judge panel pressed the DOJ on venue, warning against a “black hole of no jurisdiction” when detainees are transferred before location systems update.
  • The court issued no ruling and took the case under advisement as Khalil remains out on bail with eased travel conditions requiring brief advance notice.
  • Separate immigration proceedings continue in Louisiana, where an immigration judge ordered removal to Syria or Algeria over alleged omissions about UNRWA work, a decision now on appeal, while Khalil’s lawyers pursue First Amendment retaliation claims in federal court.