Federal appeals court sides with Trump admin in judge’s Mahmoud Khalil decision

Mahmoud Khalil attends a vigil and protest for Gaza outside Columbia University in New York City, Oct.7, 2025.(Adam Gray/Getty Images)

“Khalil obtained his visa by willfully and intentionally failing to accurately report information relevant to his background.Those who lie to the government to obtain entry into the United States will face justice,” Jackson said.

Judges Thomas Hardiman, aGeorge W.Bushappointee, and Stephanos Bibas, aDonald Trumpappointee, argued that the district court initially had habeas jurisdiction over Khalil’s petition but ultimately lacked “subject-matter jurisdiction” under the Immigration and Nationality Act to intervene in his removal proceedings.

“Our holdings vindicate essential principles of habeas and immigration law.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.We will therefore VACATE and REMAND with instructions to dismiss Khalil’s habeas petition,” the majority wrote in their opinion.

READ THE COURT OPINION –in a press releasethat the opinion does not take effect immediately and the Trump administration cannot lawfully re-detain Khalil while he has the opportunity to seek immediate review.

DOJ ARGUES JUDGE’S DECISION BLOCKING MAHMOUD KHALIL’S REMOVAL WAS ‘INDEFENSIBLE’

“Today’s ruling is deeply disappointing, but it does not break our resolve,” Khalil said.“The door may have been opened for potential re-detainment down the line, but it has not closed our commitment to Palestine and to justice and accountability.I will continue to fight, through every legal avenue and with every ounce of determination, until my rights, and the rights of others like me, are fully protected.”

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The decision marked a major win for the Trump administration in itseffort to deportKhalil, a lawful permanent U.S.resident and former Columbia University graduate student.

Secretary of State Marco Rubio said in an Aprilmemo obtained byCNN that Khalil’s presence in the United States would have “potentially serious adverse foreign policy consequences and would compromise a compelling U.S.foreign policy interest.”

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Secretary of State Marco Rubio holds his end-of-year press conference at the State Department in Washington, D.C., Dec.19, 2025.(Kevin Mohatt/Reuters)

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“These determinations are based oninformation provided by the DHS/ICE/HSIregarding the participation and roles of [redacted] and Khalil in antisemitic protests and disruptive activities, which fosters a hostile environment for Jewish students in the United States,” Rubio noted. 

“The public actions and continued presence of [redacted] and Khalil in the United States undermine U.S.policy to combat anti-Semitism around the world and in the United States, in addition to efforts to protect Jewish students from harassment and violence in the United States,” he added.