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Appeals court reverses decision that freed pro-Palestinian activist Mahmoud Khalil

A federal appeals panel ruled that immigration law requires deportation challenges to proceed via appeals courts, blocking a habeas petition that had freed activist Mahmoud Khalil.

  • On Thursday, a three-judge panel of the 3rd U.S. Circuit Court of Appeals reversed a federal district court in New Jersey ruling, ordering dismissal of Mahmoud Khalil's habeas petition.
  • Federal law requires deportation challenges to proceed by petition for review, and President Donald Trump's administration appealed the June release order, arguing removal decisions belong to an immigration judge.
  • A 2-1 panel decision concluded immigration statutes bar habeas petitions to challenge detention, writing `That scheme ensures that petitioners get just one bite at the apple—not zero or two,` while Khalil was arrested on March 8, 2025, and spent three months in a Louisiana immigration jail.
  • Some petitioners will have to wait to seek relief, and Khalil's lawyers say they will exhaust all appeals as the case is likely not the final word.
  • Authorities invoked a seldom-used statute permitting expulsion, relying on claims Khalil was `aligned to Hamas` without evidence, while an immigration judge suggested deportation to Algeria or Syria, where Khalil's attorneys warn of mortal danger.
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Reuters broke the news in United Kingdom on Thursday, January 15, 2026.
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