A federal appeals court on Thursday reversed a lower court decision that ordered the release of the former Columbia University graduate student Mahmoud Khalil from immigration detention, delivering Donald Trump’s administration a victory in its efforts to deport the pro-Palestinian activist.
A 2-1 panel of the Philadelphia-based third US circuit court of appeals ordered the dismissal of a lawsuit Khalil filed challenging his detention after finding that federal immigration law stripped the lower court of jurisdiction over his claims.
Circuit judges Thomas Hardiman and Stephanos Bibas said in their opinion: “The scheme Congress enacted governing immigration proceedings provides Khalil a meaningful forum in which to raise his claims later on – in a petition for review of a final order of removal.
“That scheme ensures that petitioners get just one bite at the apple – not zero or two,” adding: “But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government conduct.”
Hardiman and Bibas said Khalil’s case regarding his petition for release should have been addressed by an immigration court.
Khalil is a permanent resident and recent Columbia University graduate who became a prominent figure in pro-Palestinian campus activism, helping to organise protests and encampments calling for a ceasefire and an end to US support for Israel.
His detention by immigration authorities last year drew widespread criticism from civil liberties groups who condemned the Trump administration for its crackdown on pro-Palestinian speech.
Reuters contributed reporting
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