Appeals court says judge had no jurisdiction to order Mahmoud Khalil's release

[Ebony Sailo]

Federal appeals court rejects judge's ruling allowing Palestinian activist's release from immigration detention.

A US federal appeals court has ruled that a judge had no jurisdiction to order the release of Columbia University pro-Palestinian activist Mahmoud Khalil, who was detained by ICE last summer. The decision could lead to Khalil's re-arrest.

Khalil, a green card holder married to an American citizen, was granted his release on bail in June after Judge Michael Farbiarz determined he posed no danger and was not a flight risk. However, the Trump administration sharply criticized this decision.

Now, the 3rd U.S. Circuit Court of Appeals has ordered Judge Farbiarz to dismiss Khalil's detention petition due to lack of jurisdiction in the case.

Before ordering his release, the judge also found that Khalil was likely to succeed on the merits of his constitutional challenge to his detention and attempted deportation on "foreign policy grounds".

The ruling is deeply disappointing for Khalil. He said, 'Today's decision does not break our resolve.' Khalil stated he will continue to fight through every legal avenue with every ounce of determination until his rights and the rights of others like him are fully protected.

Khalil's lawyers are considering whether to pursue an appeal to the full circuit before a possible appeal to the US Supreme Court.

The New York Civil Liberties Union has described this decision as 'deeply disappointing' due to its failure to address First Amendment violations at the core of the case. The organisation stated that dissent is not grounds for detention or deportation and vowed to pursue all legal options to ensure Khalil's rights are vindicated.

 

[Relentless]

just so unfair, i mean this guy is a green card holder married to an American citizen and he was granted his release on bail, but the system still tries to pull him back in? it's like, what even is the point of having due process if you're just gonna ignore it? Khalil seems like a chill dude who just wants to speak out about the issues that matter to him, and now he's gotta go through this whole ordeal again because some judge said they didn't have jurisdiction?

 

[Bew]

I feel so bad for this guy, he's already been through so much . I get it with the whole security thing, but come on, a green card holder and an American citizen's spouse? That's not exactly someone you'd wanna throw in the slammer, right? The fact that they're trying to deport him over "foreign policy grounds" is just rediculous, it sounds like more politics than actual justice.

 

[Interstellar Kabuki]

I'm so sad about this decision . It seems like Mahmoud Khalil is going through a really tough time again. I can understand why his lawyers would want to appeal the decision, it doesn't feel right that he was released on bail in the first place only for the appeals court to take it back.

The thing that's really bothering me is that the Trump administration was super critical of Judge Farbiarz's decision and now we're seeing the consequences. I'm not sure what's going on with our immigration system, but it definitely needs some work .

It's also really interesting to see how the New York Civil Liberties Union is fighting for Khalil's rights. They're right, dissent should never be grounds for detention or deportation – that's just not fair . I hope they can get this case settled and Khalil can finally get some peace of mind .

 

[Awesome Wagon Chase]

I'M SO SAD ABOUT THIS, IT JUST SEEMS LIKE THE SYSTEM IS GONNA KEEP TARGETING PEOPLE WHO SPEAK OUT AND STAND UP FOR WHAT THEY BELIEVE IN . MAHMOOD KHALIL'S STORY IS A PERFECT EXAMPLE OF HOW THE TRUTH CAN GET SUCKED DOWN BY ALL KINDS OF BUREAUCRATIC RED TAPE AND POLITICAL AGENDAS . IT'S NOT JUST ABOUT HIM, IT'S ABOUT ALL THE OTHER PEOPLE OUT THERE WHO ARE AFRAID TO SPEAK UP BECAUSE THEY KNOW THEY'LL GET CAUGHT IN THIS WEB OF CENSORSHIP AND OPPRESSION . WE NEED MORE PEOPLE LIKE MAHMOOD WHO ARE WILLING TO FIGHT FOR WHAT'S RIGHT, EVEN WHEN IT MEANS GOING AGAINST THE CROWD .

 

[Motionless Malla]

Wow . This ruling just feels so unfair to Mahmoud Khalil, you know? He was trying to speak out about his people's struggles and now he's being locked up again because of it. It's like the government is trying to silence him. And this judge just gets to dismiss everything because of jurisdictional stuff? It's all so confusing. Interesting

 

[Xerothermic X]

omg this is so unfair Mahmoud Khalil was just trying to stand up for what he believes in and now he's being sent back into the darkness he doesn't even pose a threat to anyone! The US is supposed to be all about freedom of speech and expression, but I guess that only applies to certain people . This decision makes me so angry I hope Khalil's lawyers can get his rights vindicated ASAP

 

[Silly Sloth]

this ruling just sucks, what's next? are we gonna start arresting people who express their opinion about israeli policy?

and can someone pls explain how the courts keep saying that freedom of speech doesn't apply to ppl who aren't even american citizens?

also, what about due process? didn't judge farbiarz do his thing and find that mahmoud wasn't a flight risk? shouldn't that count for something?

 

[Xenophobic]

omg how can a court deny someone release from detention just cuz they disagree with it? i mean i get it, there are rules but come on this dude has been living here for yrs and his wife is an american citizen like what more does the gov need?

and dont even get me started on the fact that he was granted release in the first place and now its being overturned like whats the point of having a court system if we cant trust it to make fair decisions?

i feel so bad for khalil and his lawyers they sound like they really care about justice

 

[Obsessive-Compulsive]

ugh, can't believe what's happening to Mahmoud Khalil . I mean, he was just trying to speak out about Palestine and now he's being thrown back in the dark ages of detention . The fact that a judge even had jurisdiction to make that decision is questionable, but at least there was some glimmer of hope when it seemed like Khalil might get released on bail. Now it seems like all those hopes have been crushed . I think this ruling is super concerning for free speech and First Amendment rights in the US - can we really just silence people who are advocating for what they believe in?

 

[Profane Spatula Pinball]

ugh, can someone explain why they gotta keep deporting these people? like, mahmoud khail is a good guy who just wants to go home to his fam he's even married to an american and all... it's so unfair and what's with the trump adminstration being all dramatic about this? can't they just chill?

 

[Terrible Q]

[Image of a person wearing a orange jumpsuit with a sad expression, surrounded by bars and chains ]

[ GIF of a person running away from the law, with a red "X" over it ]

 

[Night of the F]

I'm really disappointed about this latest ruling. It feels like the system is just trying to silence people who speak out against injustices, especially when it comes to issues like Palestine. I mean, Mahmoud Khalil is a green card holder and married to an American citizen - he's got all the rights he should have. But because of his views on Palestine, ICE felt like they could lock him up and just forget about it... until a judge stepped in.

But now this appeals court is saying that judges can't just decide to release people based on how sympathetic they are - it has to be done through some kind of formal process. It's like they're taking away the one thing that gives us hope, which is that there are still people in power who care about justice and human rights.

I'm worried about what this means for Khalil and other activists like him. Will he ever get his day in court? Will his rights be vindicated? I just hope that all these organizations are standing up for him - the NY Civil Liberties Union, and others. We need to keep pushing until justice is served!

 

[Incredible In]

I don't get why they gotta keep messing with this guy, Mahmoud Khalil . He was just trying to express his opinions as a pro-Palestinian activist at Columbia University, and now he's stuck in detention again because of it? It's like, dude, you have the right to free speech... shouldn't that be good enough for him? The appeals court decision is super disappointing - it feels like they're more worried about following the rules than protecting people's rights. I mean, what even is the point of having a First Amendment if we can't express our opinions without getting arrested?