Appeals court says judge had no jurisdiction to order Mahmoud Khalil’s release

A federal appeals court docket dominated Thursday {that a} decide had no jurisdiction to order Columbia College pro-Palestinian activist Mahmoud Khalil launched from immigration detention final summer season, a call that might result in his re-arrest.

Khalil, a inexperienced card holder who’s married to an American citizen, was released from ICE custody final June following his arrest by ICE agents in New York Metropolis in March.

U.S. District Choose Michael Farbiarz issued an order on June 20 granting Khalil ‘s launch on bail after figuring out that he offered neither a hazard nor a flight danger and that extraordinary circumstances justified his non permanent launch whereas his habeas case proceeded — a call that was sharply criticized by the Trump administration.

On Thursday, the third U.S. Circuit Courtroom of Appeals ordered Choose Farbiarz to dismiss a petition Khalil had filed difficult his detention, on the grounds that Farbiarz lacked jurisdiction within the case.

“On consideration whereof, it’s now ORDERED and ADJUDGED that the District Courtroom’s orders entered on April 29, Could 28, June 11, June 20, and July 17, 2025, are hereby VACATED and the case is REMANDED to the District Courtroom with directions to dismiss the petition for lack of subject-matter jurisdiction,” the opinion mentioned.

Khalil was picked up at his Columbia College housing complicated final March and jailed as a part of the Trump administration’s crackdown on pro-Palestinian protests. He spent about three months in a Louisiana detention heart and missed the beginning of his son. 

Khalil was detained on the idea of Secretary of State Marco Rubio’s determination that Khali’s speech would “compromise a compelling U.S. overseas coverage curiosity.” Choose Farbiarz granted Khalil’s request for a preliminary injunction after concluding that he would proceed to endure irreparable hurt if the federal government continued efforts to detain and deport him. 

Previous to ordering his launch, the decide additionally discovered that Khalil was more likely to succeed on the deserves of his constitutional problem to his detention and tried deportation on the “overseas coverage floor.”

“Right this moment’s ruling is deeply disappointing, but it surely doesn’t break our resolve,” Khalil mentioned in an announcement Thursday. “The door might have been opened for potential re-detainment down the road, but it surely has not closed our dedication to Palestine and to justice and accountability. I’ll proceed to struggle, by each authorized avenue and with each ounce of dedication, till my rights, and the rights of others like me, are totally protected.” 

Khalil’s attorneys mentioned they’re now contemplating whether or not to pursue an enchantment to the total circuit — an interim step earlier than a doable enchantment to the U.S. Supreme Courtroom.

“Right this moment’s determination is deeply disappointing, and by not deciding or addressing the First Modification violations on the core of this case, it undermines the position federal courts should play in stopping flagrant constitutional violations,” mentioned Bobby Hodgson, deputy authorized director on the New York Civil Liberties Union. 

“The Trump administration violated the Structure by concentrating on Mahmoud Khalil, detaining him hundreds of miles from dwelling, and retaliating in opposition to him for his speech,” Hodgson mentioned. “Dissent will not be grounds for detention or deportation, and we are going to proceed to pursue all authorized choices to make sure Mahmoud’s rights are vindicated.” 

“Final 12 months’s arrest of Mahmoud Khalil was greater than only a chilling act of political repression, it was an assault on all of our constitutional rights,” New York Metropolis Mayor Zohran Mamdani mentioned in a social media publish. “Now, because the crackdown on pro-Palestinian free speech continues, Mahmoud is being threatened with rearrest. Mahmoud is free — and should stay free.”