Khalil v. President of the United States of America (Khalil detention, 3d Cir. 25-8019)
Case Overview
The government appealed Judge Farbiarz's order granting a jurisdiction change of Mahmoud Khalil's habeas petition, moving his case from Louisiana to New Jersey.
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The Application
Judge Farbiarz granted Khalil's motion to transfer his habeas petition challenging his deportation from the Eastern District of Louisiana to New Jersey. The government appealed this transfer order, arguing the district court abused its discretion or erred in applying the transfer standard.
The Conclusion
The Third Circuit decided the appeal on whether the jurisdiction transfer was proper.
Case Analysis
Facts
Mahmoud Khalil, a Syrian-born Palestinian LPR, was a lead negotiator for Columbia University's pro-Palestinian protest encampment in spring 2024. ICE detained him in March 2025 at his Columbia apartment after DHS revoked his student visa. The government initiated removal proceedings under Section 237(a)(4)(C) of the INA, which permits deportation of noncitizens the Secretary of State certifies pose foreign policy risks. District Judge Michael Farbiarz (D.N.J.) ordered his release pending proceedings. The government appealed to the Third Circuit.
Issue
Whether the government may initiate deportation proceedings against a lawful permanent resident based on his political speech and protest activity under the foreign policy removal provision of the Immigration and Nationality Act, and whether a court may order release during those proceedings.
Rule
Section 237(a)(4)(C) of the INA permits removal of noncitizens whose presence the Secretary of State certifies would have potentially serious adverse foreign policy consequences. Courts have held this provision requires individualized findings and is subject to constitutional limits on viewpoint discrimination. LPRs retain First Amendment and due process protections.
Analysis
Judge Farbiarz granted Khalil's motion to transfer his habeas petition challenging his deportation from the Eastern District of Louisiana to New Jersey. The government appealed this transfer order, arguing the district court abused its discretion or erred in applying the transfer standard.
Conclusion
**The Third Circuit reversed the district court's release order in a 2-1 ruling, finding the lower court lacked jurisdiction over Khalil's removal proceedings.** The panel held that a provision of the Immigration and Nationality Act stripped the district court of authority to intervene. An immigration judge subsequently ruled Khalil can be deported as a national security risk, and the Board of Immigration Appeals issued a final administrative removal order. Khalil remains in the United States while his separate habeas corpus case is pending in the Third Circuit.
Overview
The government appealed Judge Farbiarz's order granting the release of Mahmoud Khalil.
Overview
The government appealed Judge Farbiarz's order granting a jurisdiction change of Mahmoud Khalil's habeas petition, moving his case from Louisiana to New Jersey.
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