NEW YORK (AP) — Former Columbia University graduate student Mahmoud Khalil will ask the U.S. Supreme Court to intervene after a federal appeals court on Friday declined to reconsider a decision that put the government a step closer to deporting him, the pro-Palestinian activist’s lawyers said.
Judges on the 3rd U.S. Circuit Court of Appeals in Philadelphia voted 6-5 against having the court's full complement of judges review the ruling. In January, a three-judge 3rd Circuit panel found that a federal judge in New Jersey who had sided with Khalil and ordered his release last year from immigration detention didn’t have jurisdiction to decide the matter.
The American Civil Liberties Union, which is involved in representing Khalil, said his lawyers will ask the 3rd Circuit for an order preventing the decision from taking effect — and barring Khalil from being detained or deported — while it asks the Supreme Court to take up the case.
An appeal to the high court is expected in the coming months, possibly in late summer.
“Today’s decision is not the final word, and we still strongly believe in our arguments going forward,” ACLU senior counsel Brett Max Kaufman said in a statement.
In its January ruling, the 3rd Circuit found that Khalil's lawsuit challenging his detention and U.S. District Judge Michael Farbiarz’s subsequent rulings in the case were premature because federal law requires that such challenges first move through the separate immigration court system. That system is part of the Justice Department, not the judicial branch.
The decision didn’t decide the key issue in Khalil’s case: whether the Trump administration’s effort to throw Khalil out of the U.S. over his campus activism and criticism of Israel is unconstitutional.
Judge Cheryl Ann Krause, who had voted for the 3rd Circuit to review the decision, wrote in a dissent that the court was “abdicating our duty to meaningfully review Khalil’s constitutional claims. The Judicial Branch, she wrote, cannot fulfill its role as a check on the other branches of government, “if we write ourselves out of relevance and leave the Executive Branch to check itself.”
Khalil, 31, has also appealed to the 5th U.S. Circuit Court of Appeals in Louisiana, where he was detained, after the Board of Immigration Appeals upheld his removal order.
Through his lawyers, Khalil argued that the immigration judge who issued the order failed to consider relevant evidence and wrongly upheld a charge that he had misrepresented information on his application for legal permanent resident status. That charge, Khalil's lawyers said, was brought in retaliation for his protest activity.
The immigration judge suggested Khalil could be deported to Algeria, where he maintains citizenship through a distant relative, or Syria, where he was born in a refugee camp to a Palestinian family. Khalil's lawyers have said he would face mortal danger if forced to return to either country.
An outspoken leader of the pro-Palestinian movement at Columbia, Khalil was arrested in March 2025. He then spent three months detained in a Louisiana immigration jail, missing the birth of his child.
Federal officials have accused Khalil of leading activities “aligned to Hamas,” though they have not presented evidence to support the claim and have not accused him of criminal conduct. They also accused Khalil of failing to disclose information on his green card application.
Khalil has dismissed the allegations as “baseless and ridiculous,” framing his arrest and detention as a “direct consequence of exercising my right to free speech as I advocated for a free Palestine and an end to the genocide in Gaza.”
The government justified the arrest under a seldom-used statute that allows for the expulsion of noncitizens whose beliefs are deemed to pose a threat to U.S. foreign policy interests. In June 2025, Farbiarz ruled that justification would likely be declared unconstitutional and ordered Khalil released.
President Donald Trump’s administration appealed that ruling, arguing the deportation decision should fall to an immigration judge, rather than a federal court. The 3rd Circuit ruled 2-1 in the administration’s favor.
Judge Emil Bove, who was involved in investigating student protesters while a top Justice Department official, did not participate in the 3rd Circuit vote on whether to review the decision. He later issued an order denying a request by Khalil's lawyers that he step aside from the matter, calling it moot.
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Associated Press writer Lindsay Whitehurst contributed to this story.
