Overview
- In a 2–1 decision, the appeals panel ordered Khalil’s habeas petition dismissed and overturned the New Jersey judge’s June order that freed him from ICE custody.
- The ruling is a procedural win for the Trump administration and reopens the possibility of Khalil’s re-detention and deportation.
- The opinion does not take immediate effect, and Khalil’s attorneys say he remains free as they pursue en banc review or a Supreme Court appeal.
- Judge Arianna Freeman dissented, calling Khalil’s First Amendment arguments “now-or-never” claims that require district-court consideration.
- The government’s case rests on a rare foreign-policy determination by Secretary of State Marco Rubio and alleged misrepresentations on Khalil’s green-card application, with a prior immigration judge order of removal under review by the Board of Immigration Appeals.