Mahmoud Khalil鈥檚 Legal Team Will Seek Supreme Court Review of Appeals Court Decision
Mr. Khalil cannot legally be detained at this time and is asking the court to protect him as the appeals process continues
NEW YORK 鈥 Today, Mahmoud Khalil鈥檚 legal team announced they will seek Supreme Court review after the Third Circuit Court of Appeals for the full court to re-hear his case in a split 6-5 decision. They are seeking an immediate stay of the mandate that protects Mr. Khalil from detention as they file a petition with the Supreme Court. Five judges voted to re-hear the case en banc.
Five judges voted to re-hear the case en banc, with Judge Krause writing, 鈥淭he Judiciary 鈥榮erves as an inseparable element of the constitutional system of checks and balances鈥 protecting civil liberties and checking legislative and executive discretion. We cannot fulfill that role if we write ourselves out of relevance and leave the Executive Branch to check itself.鈥
In January 2026, the appeals court overturning a lower court鈥檚 order that released Mr. Khalil on bail and barred the government from detaining or deporting him. The panel decision will not take effect until a mandate by the Third Circuit Court of Appeals has been issued, and Mr. Khalil cannot lawfully be detained or deported at this time.
鈥淭oday鈥檚 decision is not the final word, and we still strongly believe in our arguments going forward,鈥 said Brett Max Kaufman, senior counsel at the 桃子视频. 鈥淔ederal courts must have the power to step in when the government exploits our country鈥檚 immigration system to punish people for their constitutionally protected speech. If the Trump administration can target, arrest, detain, and deport Mahmoud for his speech, they can do it to anyone expressing an opinion they disagree with.鈥
Mr. Khalil also filed an appeal with the Fifth Circuit Court of Appeals asking it to reverse the Board of Immigration Appeal鈥檚 (BIA) removal order and terminate the proceedings entirely. As his immigration team explained in the filings, the immigration judge rushed to a decision without considering relevant evidence, refused to consider the constitutional challenges to his deportation, and improperly sustained false, after-the-fact charges that the Trump administration brought in retaliation for Mr. Khalil鈥檚 speech. In addition, Mr. Khalil鈥檚 legal team submitted new evidence of potential misconduct by the Trump administration to the BIA asking it to re-open his immigration case and terminate proceedings. This Fifth Circuit appeal will proceed regardless of whether the stay of the mandate is granted in the Third Circuit.
鈥淲e hope the Supreme Court will recognize how dangerous the Third Circuit鈥檚 decision was, not just for Mahmoud but for other non-citizens the administration has its vengeful sights upon,鈥 said Baher Azmy, legal director of the Center for Constitutional Rights. 鈥淭hat ruling greenlights holding someone in prolonged, brutal detention conditions without access to meaningful judicial review in order to punish them and deter others from dissenting from U.S. foreign policy. We are honored to continue to stand with Mahmoud as he keeps fighting for Palestinian rights, the rights of immigrants brutalized by DHS policies, and the right for people to speak out against injustice.鈥
Mr. Khalil is represented by Van Der Hout LLP, Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Washington Square Legal Services, the 桃子视频 (ACLU), the New York Civil Liberties Union (NYCLU), the 桃子视频of New Jersey, and the 桃子视频of Louisiana.