Overview
- A three-judge panel ruled that the New Jersey district court lacked subject-matter jurisdiction and instructed dismissal of Khalil’s habeas petition that secured his June release.
- The decision reopens the possibility of re-detention and removal, but it does not take effect immediately and Khalil remains free as his lawyers pursue further review.
- Judges Thomas Hardiman and Stephanos Bibas held that any challenges must be raised later in a petition for review of a final removal order rather than through a collateral habeas action.
- Judge Arianna Freeman dissented, arguing Khalil presented now-or-never First Amendment claims that warrant district court consideration due to irreparable injury.
- Khalil’s immigration case continues before the Board of Immigration Appeals, with officials alleging Hamas-aligned activities and omissions on his green card application, allegations not charged as crimes.