Mahmoud Khalil to appeal to Supreme Court, after appeals court declined to review his case

Federal judges declined to review an appeal by Mahmoud Khalil, a lawful permanent resident arrested by Immigration and Customs Enforcement in March 2025. The U.S. Court of Appeals for the Third Circuit declined to review a lower-court January decision that opened the door to deportation. The ruling focused on the appropriate venue for Khalil’s constitutional claims rather than the merits. Khalil’s lawyers argued the claims should be heard in federal district court, while the Department of Justice argued they belong in immigration court. The Third Circuit split 5-6, and dissenting judges warned the decision could threaten constitutional rights by reducing judicial oversight of executive action. Khalil is an Algerian citizen and a vocal critic of Israel’s actions in Gaza who helped organize pro-Palestinian events at Columbia.

"Federal judges on Friday declined to review an appeal filed by Mahmoud Khalil, the Columbia graduate who was arrested by Immigration and Customs Enforcement officers last March at the start of President Donald Trump's crackdown on pro-Palestinian campus activists. Khalil's lawyers said they will appeal the decision to the Supreme Court. The U.S. Court of Appeals for the Third Circuit declined to review a January decision by a lower court that opened the door to Khalil's deportation."

"The decision did not pertain to the main issues in the case, but rather what the appropriate venue was for Khalil's case. Khalil's attorneys had argued that the case challenging alleged constitutional violations should be heard in federal district court, whereas the U.S. attorneys with the Department of Justice said such issues were best suited to immigration court, whose judges are hired by the U.S. Attorney General."

"The ruling split the Third Circuit, with five judges voting to approve Khalil's request and six judges voting to deny it. The dissenting judges contended that the court's decision could threaten the constitutional rights of Khalil and other noncitizens. "The Judiciary 'serves as an inseparable element of the constitutional system of checks and balances' protecting civil liberties and checking legislative and executive discretion," Judge Cheryl Ann Krause wrote in her dissenting opinion."

""We cannot fulfill that role if we write ourselves out of relevance and leave the Executive Branch to check itself." Khalil, an Algerian citizen and lawful permanent resident of the United States, was arrested in March 2025 after Secretary of State Marco Rubio claimed his presence would have "serious adverse foreign policy consequences" for the United States. Khalil had been a vocal critic of Israel's military operations in Gaza, calling them "a genocide," and helped organize pro-Palestinian events as president of Columbia's Palestinian Student Society."

Read at Gothamist