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3rd Circuit Hears Government Appeal to Reinstate Detention in Mahmoud Khalil Deportation Case

Appeals judges questioned the government's jurisdiction theory in a test of removal tactics tied to campus protest activity.

Overview

  • A three-judge panel in Philadelphia heard the administration's bid to overturn a New Jersey order that freed Khalil in June and barred his deportation during the case.
  • Government attorney Drew Ensign argued the district judge acted in the wrong forum and enabled Khalil's team to fragment overlapping proceedings.
  • Judges signaled skepticism on jurisdiction, with Judge Stephanos Bibas noting Khalil's rapid transfers left lawyers uncertain where to file emergency challenges.
  • The panel probed concerns about parallel tracks as a Louisiana immigration judge's September removal order to Syria or Algeria remains on appeal.
  • Khalil, a lawful permanent resident married to a U.S. citizen, remains released under eased travel conditions, and his lawyers frame the case as retaliation for protected speech.