The Justice Department is urging a federal appeals court to overturn a lower court ruling that blocked activist Mahmoud Khalil’s deportation, calling the decision “fundamentally flawed.” The Biden-appointed judge’s injunction halted the Mahmoud Khalil removal, prompting the DOJ to accuse him of overstepping his authority.
During Tuesday’s hearing before the U.S. Court of Appeals for the 3rd Circuit, DOJ attorney Drew Ensign argued that the New Jersey district court lacked jurisdiction over Khalil’s case. “Habeas is the path the petitioner has chosen, and the district court indulged that unlawful detour by issuing an indefensible injunction,” Ensign told the panel. “This court should reverse.”
Khalil, a Columbia University graduate and self-styled pro-Palestinian activist, has been fighting to remain in the U.S. since March, when immigration officials determined his public advocacy violated federal law and posed a national security concern. He was deemed removable by an immigration judge under the Trump administration after allegedly expressing sympathy for Hamas.
In June, Judge Michael Farbiarz ruled that Khalil’s First Amendment rights were violated and ordered his release on bail, blocking his deportation. The judge later intervened again after a new immigration finding accused Khalil of fabricating information on his green card application.
Ensign told the court that Khalil’s legal team was trying to “circumvent the carefully designed and articulated scheme that Congress has created for judicial review.” One appellate judge questioned whether Khalil’s attorneys had any choice, noting their client had been moved between several detention facilities in multiple states.
The appellate court has not indicated when it will rule on the removal appeal.
