3rd Circuit rejects rehearing in Khalil detention case

A federal appeals court has declined to reconsider a ruling that prevents a former Columbia University graduate student from challenging his detention in federal court, moving the government closer to deporting him. His lawyers now plan to appeal to the U.S. Supreme Court.

The 3rd U.S. Circuit Court of Appeals in Philadelphia voted 6-5 on Friday against having the full court review a January decision by a three-judge panel. That earlier ruling found a federal judge in New Jersey lacked jurisdiction to order the release of Mahmoud Khalil from immigration detention last year. The American Civil Liberties Union, which is involved in representing Khalil, stated his legal team will ask the 3rd Circuit to prevent the decision from taking effect while they petition the Supreme Court. An appeal to the high court is expected in the coming months.

In its January ruling, the appeals court determined that Khalil’s lawsuit challenging his detention was premature because federal law requires such challenges to first proceed through the separate immigration court system. The decision did not address the central constitutional question in the case: whether the government’s effort to deport...