Mahmoud Khalil Appeals to U.S. Supreme Court After Third Circuit Rejects Deportation Review

A federal appeals court declined to review an appeal filed by Mahmoud Khalil, a Columbia graduate arrested by Immigration and Customs Enforcement officers last March at the start of President Donald Trump’s crackdown on pro-Palestinian campus activists.

“Mahmoud Khalil's lawyers, a graduate of Columbia University, vow to bring his case before the U”

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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, and the decision split the court with six judges voting to approve Khalil’s request and five judges voting to deny it.

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Khalil’s lawyers said they will appeal the decision to the Supreme Court, while the U.S. attorneys with the Department of Justice argued the constitutional issues should be heard in immigration court rather than federal district court.

In her dissent, Judge Cheryl Ann Krause wrote, "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’s legal team framed the Third Circuit’s refusal to rehear his case as a threat to judicial checks on civil liberties, with Baher Azmy saying, "That ruling greenlights holding someone in prolonged, brutal detention conditions without access to meaningful judicial review."

Azmy, a lawyer for Khalil at the Center for Constitutional Rights, said the Supreme Court should recognize what he called the decision’s danger "not just for Mahmoud but for other non-citizens the administration has its vengeful sights upon," as the case moved toward the nation’s highest court.

Al Jazeera

The Department of Homeland Security spokesperson told Reuters that after the Third Circuit’s decision, it "will work to enforce Khalil’s lawful removal order," and encouraged Khalil to use the CBP Home app and self-deport.

In a separate dissenting view, Judge Cheryl Ann Krause wrote, "The Judiciary ‘serves as an inseparable element of the constitutional system of checks and balances’ protecting civil liberties."

The TRT World report said the Third Circuit’s vote was 6-5 and that the court’s decision opened the door to Khalil’s re-arrest and deportation.

With the Third Circuit leaving the earlier ruling in place, Khalil faces the prospect of being arrested again and deported, after the Board of Immigration Appeals rejected his appeal in April.

“A lawyer for Columbia University graduate Mahmoud Khalil vowed on Friday to take his case to the US Supreme Court after a federal appeals court declined to reconsider a ruling that opened the door to President Donald Trump’s administration re-arresting and deporting the pro-Palestinian activist”

Arab News

The Arab News report said the 3rd Circuit split 6-5 along ideological lines to leave in place a ruling holding that U.S. District Judge Michael Farbiarz lacked jurisdiction when he ordered Khalil’s release from immigration detention last year.

Khalil’s lawyers sought to prevent the decision from taking formal effect as scheduled on May 29 while his Supreme Court appeal plays out, according to Arab News.

In the meantime, the DHS spokesperson said it "will work to enforce Khalil’s lawful removal order" and encouraged him to use the CBP Home app and self-deport before he is arrested and deported.

The Le Monde.fr account added that after his release from prison on Friday, June 20, Khalil’s lawyers had to hand over his passport and authorities had to return his green card, while he was not allowed to leave the United States except in the case of a self-deportation.