Appeals Court Overturns Release of Activist Mahmoud Khalil

A federal appeals court has overturned a lower court's decision to release Mahmoud Khalil, a pro-Palestinian activist and former Columbia University graduate student. The 3rd U.S. Circuit Court of Appeals ruled 2-1 that the U.S. District Court for the District of New Jersey lacked jurisdiction over Khalil's removal proceedings under the Immigration and Nationality Act (INA).

The majority opinion stated that the INA provides a specific process for challenging removal orders, which includes filing a petition for review of a final order of removal.

Khalil, a lawful permanent resident of Palestinian descent, was detained by immigration authorities in March 2025. The Trump administration alleged that his presence posed a threat to U.S. foreign policy interests due to his activism.

In June 2025, U.S. District Judge Michael Farbiarz ordered Khalil's release, determining that his detention was likely unconstitutional and that he was neither a flight risk nor a danger to the community.

The recent appellate court decision instructs the district court to dismiss Khalil's habeas corpus petition, potentially leading to his re-detention as his immigration case continues.

Judge Arianna Freeman dissented, arguing that the district court did have subject-matter jurisdiction over Khalil's case.

Khalil's legal team has indicated plans to appeal the decision, potentially up to the Supreme Court.