Photo: Alamy
A federal appeals court on Thursday sided with the Trump administration in its effort to deport Mahmoud Khalil, a Palestinian extremist, ruling that his case must proceed through the U.S. immigration court system.
The 3rd U.S. Circuit Court of Appeals ruled 2-1 that Khalil must pursue his claims within the immigration process, a decision that leaves open the possibility he could be detained by immigration authorities while his case continues. Politico first reported the ruling.
“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,” the court wrote.
“That scheme ensures that petitioners get just one bite at the apple — not zero or two,” the panel added. “But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government conduct.”
The ruling reverses an earlier decision by a federal judge in New Jersey who ordered Khalil released from Immigration and Customs Enforcement custody. The appeals court said the New Jersey court lacked jurisdiction to hear Khalil’s immigration case and acted improperly in ordering his release.
Khalil was arrested by ICE in March last year after the Trump administration moved to deport him. Although he had obtained legal permanent resident status, he is not a U.S. citizen.
Rather than pursue his case through immigration court, Khalil sought relief in federal court in New Jersey, where a judge initially ruled in his favor. That decision was later contradicted by an immigration judge in Louisiana, Jamee Comans, who found the federal government had the authority to deport him.
Khalil appealed that ruling, leading to Thursday’s decision by the 3rd Circuit.
Khalil still has additional legal options, including further appeals or a request for review by the U.S. Supreme Court. If deported, Khalil could be sent to Algeria, where he holds citizenship, or to Syria, where he was born.
