Overview
- Judges Thomas Hardiman and Stephanos Bibas formed the majority with Judge Arianna Freeman dissenting, holding that the Immigration and Nationality Act channels review to a petition for review after a final removal order.
- The panel vacated Judge Michael Farbiarz’s prior release and injunction orders and remanded with instructions to dismiss Khalil’s habeas case for lack of subject‑matter jurisdiction.
- The opinion did not decide Khalil’s First Amendment retaliation claims, stating those arguments must be presented within the immigration system and any subsequent federal appeal.
- The decision reopens the possibility of re-detention and deportation but does not take immediate effect as Khalil’s lawyers pursue further review, including a potential en banc or Supreme Court appeal.
- Khalil was arrested by ICE on March 8, 2025, later released in June, and an immigration judge has found him deportable with potential removal to Algeria or Syria under foreign-policy and misrepresentation theories he disputes.