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Third Circuit Weighs DOJ Bid to Overturn Injunction Freeing Activist Mahmoud Khalil

The case tests whether habeas courts can block deportations under a foreign‑policy removal statute that civil‑liberties groups say threatens protected speech.

Overview

  • Justice Department lawyer Drew Ensign urged the appeals panel to vacate a New Jersey judge’s June order releasing Khalil, arguing the court lacked jurisdiction and that immigration courts are the proper forum.
  • Judges pressed the government on its venue theory, with one noting lawyers could not track Khalil’s location during rapid transfers, while also probing whether parallel cases risk duplicative litigation.
  • U.S. District Judge Michael Farbiarz previously barred removal on foreign‑policy grounds and ordered Khalil’s release; the Third Circuit took the appeal under advisement with no decision announced.
  • In a separate track, Immigration Judge Jamee Comans ordered removal to Syria or Algeria over alleged omissions tied to UNRWA on Khalil’s green card application, a ruling now before the Board of Immigration Appeals.
  • Khalil, a lawful permanent resident married to a U.S. citizen, remains free with eased travel limits after more than 100 days in Louisiana detention, as his lawyers and the ACLU challenge the administration’s reliance on ‘adverse foreign policy consequences’ authority.