Mahmoud Khalil facing rearrest, deportation after Third Circuit denies rehearing

PHILADELPHIA (CN) — A federal appeals court on Friday declined to review Mahmoud Khalil’s case, leaving the former Columbia University student protester few options left to prevent rearrest and deportation sought by the Trump administration.

While Khalil, 31, has been and still remains free from detainment since a June 2025 ruling in New Jersey federal court, a three-judge Third Circuit panel vacated that ruling in January, finding the lower court lacked authority to even consider Khalil’s release. Only an immigration judge could make such a finding, the panel said.

Khalil in March filed for a rehearing before the full circuit, but the Third Circuit judges on Friday ultimately rejected the request in a split 6-5 ruling.

While the six appellate judges who voted to deny a rehearing declined to provide an explanation for their votes, U.S. Circuit Judge Cheryl Ann Krause, a Barack Obama appointee, slammed the ruling in her dissent as failing to uphold the constitutional right of habeas corpus.

“The judiciary serves as an inseparable element of the constitutional system of checks and balances, protecting civil liberties and checking legislative and executive discretion” Krause wrote. “We cannot fulfill that role if we write ourselves out of relevance and leave the executive branch to check itself.”

U.S. Circuit Judges L. Felipe Restrepo and Arianna J. Freeman, both Joe Biden appointees, joined Krause in her dissent. U.S. Circuit Judges Tamika Montgomery-Reeves and Cindy Chung — also Joe Biden appointees — also voted in favor of a rehearing en banc.

U.S. Circuit Judges Stephanos Bibas, David J. Porter, Paul B. Matey, Peter J. Phipps and Jennifer L. Mascott — all Donald Trump appointees — as well as George W. Bush appointee Thomas Hardiman, voted to deny the rehearing.

Khalil, a green card holder whose wife and son are U.S. citizens, was first detained in March 2025 by Immigration and Customs Enforcement agents for his pro-Palestinian advocacy. Khalil had served as a lead negotiator for student protesters at Columbia University, urging the university to divest from Israel.

Under the Immigration and Nationality Act of 1952 — a rarely invoked Cold War-era statute allowing for the removal of lawful permanent residents — the State Department began seeking Khalil’s deportation, arguing his advocacy negatively impacted U.S. foreign policy. Khalil has argued in court that the litigation constitutes a First Amendment violation.

After more than 100 days in detention that caused him to miss the birth of his child, Khalil found some relief in June 2025. Finding that Khalil is neither a flight risk nor a danger to the community, U.S. District Judge Michael Farbiarz — a Joe Biden appointee in New Jersey — ruled Khalil should remain free from detention as legal proceedings continue.

While the Third Circuit panel ruled in January to overturn Farbiarz’s ruling, Khalil cannot be detained until the appeals court issues a mandate directing the lower court to vacate its June 2025 ruling.

Shortly after the Third Circuit announced it would not review Khalil’s case, Khalil requested a stay of that mandate pending a petition for review by the Supreme Court.

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