A federal appeals court has overturned a lower court’s decision to release Palestinian activist Mahmoud Khalil from immigration detention, paving the way for the government to detain and potentially deport him. The 3rd US Circuit Court of Appeals in Philadelphia ruled that the lower court lacked jurisdiction, and immigration challenges should be handled through a federal appeals court, not a district court.

The panel’s 2-1 decision means Khalil can’t challenge his detention and removal through a habeas petition. Khalil’s attorney, Baher Azmy, expressed disappointment, citing a strong dissenting opinion, and vowed to continue fighting the “unlawful persecution and detention”.

The decision aligns with the Trump administration’s efforts to detain and deport noncitizens involved in protests against Israel. Khalil, a pro-Palestinian leader, was arrested on March 8, 2025, and detained for three months, missing his son’s birth. The government claims he led activities “aligned with Hamas”, but hasn’t provided evidence or accused him of crimes.

Khalil’s arrest stems from a statute allowing expulsion of noncitizens deemed a threat to US foreign policy interests. A federal judge previously ruled this justification likely unconstitutional, ordering his release. The government appealed, arguing deportation decisions should fall to an immigration judge.