"The Columbia University graduate was jailed for months by the Trump administration after they say he was one of the main organizers of the Columbia University encampment. The Third Circuit, sitting in Philadelphia, ruled 2-1 that the federal district court in New Jersey had no jurisdiction to order the release of the Columbia graduate student because immigration challenges are handled differently under the law. It instructed the lower court to dismiss Khalil's habeas petition, the court filing that secured his release."
"The panel wrote that federal immigration laws require deportation challenges be made by filing a petition for review of a final order of removal to a federal appeals court - not a lower-level district court. "That scheme ensures that petitioners get just one bite at the apple-not zero or two," the panel wrote. "But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government conduct.""
An appeals court reversed a lower court decision freeing Mahmoud Khalil from immigration detention. Khalil, a Columbia University graduate student, was jailed for months after authorities said he helped organize a Columbia encampment. The Third Circuit ruled 2-1 that a federal district court in New Jersey lacked subject-matter jurisdiction to order Khalil’s release and instructed dismissal of his habeas petition. The court explained that federal immigration laws require deportation challenges through a petition for review of a final order of removal to a federal appeals court. One judge dissented, finding government violations and irreparable injury. Khalil will likely appeal and could be re-detained.
Read at ABC7 New York
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