Overview
- In a 2-1 decision, the 3rd U.S. Circuit Court of Appeals ordered the New Jersey district court to dismiss the habeas petition that had secured Khalil’s release.
- The court held that federal district courts lack jurisdiction over challenges tied to removal, which must follow the statutory petition-for-review route.
- The opinion emphasized a single review pathway, noting petitioners get “one bite at the apple” and that some, including Khalil, may need to wait to seek relief.
- The ruling effectively channels the case back into the appellate immigration process, moving the government closer to resuming custody or pursuing deportation.
- Messages to Khalil and his legal team seeking comment were not immediately returned.