Immigration Appeals Board Denies Mahmoud Khalil's Deportation Appeal

The Board of Immigration Appeals has denied Mahmoud Khalil's latest appeal to dismiss his deportation case, moving the former Columbia University graduate student and Palestinian activist closer to potential re-arrest and expulsion.

Khalil's attorneys reported that the board issued the final order of removal on Thursday. The board's decisions are not public, and the U.S. Department of Justice has not immediately responded to inquiries.

Khalil expressed his lack of surprise at the ruling, describing it as "biased and politically motivated." His legal team maintains that he cannot be lawfully detained or deported while a separate federal court case is ongoing.

The Board of Immigration Appeals, under the Department of Justice, sets precedents within the complex immigration court system.

Khalil, a 31-year-old legal permanent resident, was the first individual publicly known to be arrested during a federal crackdown on noncitizens who criticized Israel and its actions in Gaza. The government has alleged that his leadership in pro-Palestinian protests at Columbia University was "aligned to Hamas," though no evidence has been presented to substantiate a connection to the group. Khalil has consistently denied allegations of antisemitism.

Following his arrest in March of the previous year, Khalil spent 104 days in immigration detention, missing the birth of his first child, before a federal judge in New Jersey ordered his release.

Earlier this year, a U.S. appeals panel ruled that the New Jersey judge overstepped his authority by releasing Khalil. In a 2-1 decision, the panel determined that the law requires the case to fully proceed through the immigration courts before Khalil can challenge the decision in federal court.

Khalil's attorneys are seeking a reconsideration of this decision by the full appeals panel. Recently, they requested that one of the appellate judges recuse himself due to his previous role as a top Justice Department official involved in investigating student protesters.

Born in Syria to a Palestinian family and holding Algerian citizenship through a distant relative, Khalil has expressed concerns that he could face targeting or even death if deported.