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2w ago

Third Circuit Vacates Khalil Release Order, Opens Door to Re-Arrest

The panel said the Immigration and Nationality Act requires his claims to be raised later through a petition for review after a final removal order.

Mahmoud Khalil speaks to people as they gather at Bryant Park, to participate in a "Stop starving Gaza" march during the ongoing conflict between Israel and Hamas, in New York City, U.S., August 16, 2025. REUTERS/Eduardo Munoz
Former Columbia University student Mahmoud Khalil shouts in front of Columbia University after delivering a press conference June 22, 2025, in New York City.
Mahmoud Khalil arrives at the New York City Mayor Zohran Mamdani's ceremonial inauguration on January 1, 2026 in New York City.
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Overview

  • In a 2-1 ruling, the appeals court instructed the New Jersey district court to dismiss Mahmoud Khalil’s habeas petition for lack of subject-matter jurisdiction.
  • The decision does not take effect immediately, leaving Khalil free while his legal team pursues rehearing by the full court or Supreme Court review.
  • Judge Arianna Freeman dissented, calling Khalil’s First Amendment arguments “now-or-never claims” that warrant district-court consideration.
  • The government cites a rare foreign-policy determination by Secretary of State Marco Rubio and alleges misrepresentation on Khalil’s green-card application, allegations he denies.
  • An immigration judge has issued a removal order now before the Board of Immigration Appeals, and proceedings have referenced possible deportation to Algeria or Syria.