Federal Appeals Court Rules Against Palestinian Activist Mahmoud Khalil's Release

Thu Jan 15 2026 19:05:43 GMT+0200 (Eastern European Standard Time)

In a significant ruling, a federal appeals court has overturned the decision that allowed Mahmoud Khalil, a Palestinian activist, to be released from immigration detention, paving the way for potential deportation proceedings.

A federal appeals court has reversed a lower court's decision that resulted in the release of Mahmoud Khalil, a Palestinian activist, from immigration detention. The 3rd U.S. Circuit Court of Appeals ruled that challenges to deportation must go through federal appeals courts, not district courts. Khalil's legal team plans to pursue all available options against his deportation to countries where he fears for his safety.

A federal appeals panel ruled on Thursday against the recent release of Mahmoud Khalil, a former Columbia University graduate student and Palestinian activist, from immigration detention, moving him closer to potential deportation. The 3rd U.S. Circuit Court of Appeals in Philadelphia instructed the lower court to dismiss Khalil’s habeas petition, determining that federal immigration matters fall under a different jurisdiction.

In a 2-1 decision, the panel concluded that federal law mandates deportation challenges be initiated through petitions for review of removal orders in federal appeals courts, preventing Khalil from securing relief through lower district courts.

“This approach ensures that petitioners have one opportunity to contest their removal, rather than multiple chances,” stated the panel. However, it also means that individuals like Khalil will face delays in seeking redress against alleged unlawful government actions.

Khalil, who has been vocal in pro-Palestinian protests, was detained earlier this year, leading to accusations by federal officials of activities tied to Hamas without presenting evidence. His release had been previously ordered by a federal judge, skeptical about the government's justification for the detention based on a rarely invoked statute addressing noncitizens whose beliefs threaten U.S. foreign policy.

Khalil’s legal team has vowed to continue pursuing various appeal strategies, emphasizing the unjust nature of the accusations and framing his detention as a suppression of free speech related to advocating for Palestinian rights.

The appeals court's ruling signifies a considerable advantage for the Trump administration's agenda targeting individuals protesting U.S. policies regarding Israel. Khalil’s case reveals ongoing tensions surrounding immigration laws and the government's approach to dissent.

The court’s decision arrives as the immigration court system's appeals board is deliberating a judge's previous decision permitting Khalil's deportation, although his legal representatives assert that federal rulings should take precedence. Khalil risks being sent back to Algeria or Syria, where his safety could be at grave risk due to his political stance and refugee status.