Overview
- By a 2-1 vote, the appeals panel said the New Jersey district court lacked subject-matter jurisdiction under the Immigration and Nationality Act to order Khalil’s release.
- The court vacated the June 2025 habeas-based release and directed dismissal of the petition, raising the prospect of re-detention as his immigration case continues.
- Judge Arianna Freeman dissented, arguing the district court could hear Khalil’s now-or-never claims and that he showed irreparable injury from detention.
- Judges Thomas Hardiman and Stephanos Bibas formed the majority, calling the INA’s petition-for-review pathway the proper forum once a final removal order issues.
- An immigration judge has found Khalil removable to Algeria or Syria, a decision under administrative appeal, while Khalil’s lawyers vow further court challenges.