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Mahmoud Khalil to appeal US deportation case to Supreme Court
TL;DR
Mahmoud Khalil will appeal his deportation case to the Supreme Court after a federal appeals court declined to rehear his challenge against immigration detention. His case stems from his pro-Palestine advocacy and previous legal battles regarding his civil liberties.
Key points
- Mahmoud Khalil is appealing his deportation case to the Supreme Court.
- The appeal follows a federal appeals court's decision not to rehear his case.
- Khalil's detention is linked to his pro-Palestine advocacy.
- He has pursued two legal tracks since his detention by ICE in March 2025.
- A federal judge previously ordered his release, but the ruling was overturned.
Mentioned in this story
Mahmoud KhalilImmigration and Customs EnforcementDonald Trump
Mahmoud Khalil, who has been targeted for deportation by the administration of US President Donald Trump over his pro-Palestine advocacy, will appeal his case to the Supreme Court, according to his lawyers.
The announcement on Friday came after a federal appeals court – in a 6-5 decision – declined to rehear Khalil’s case challenging his immigration detention.
Khalil has pursued two legal tracks since his detainment by Immigration and Customs Enforcement (ICE) agents in March 2025.
The first challenged his detention on civil liberties grounds, maintaining that his free speech rights as a US permanent resident had been trampled.
Last June, a federal judge sided with Khalil, ordering his release from immigration detention and barring his deportation. However, a federal appeals court later ruled that the judge in the initial ruling lacked jurisdiction over the matter.
Following Friday’s decision, that case will now be taken to the top court in the US.
“Today’s decision is not the final word, and we still strongly believe in our arguments going forward,” Brett Max Kaufman, senior counsel at the American Civil Liberties Union (ACLU), said in a statement.
“Federal courts must have the power to step in when the government exploits our country’s immigration system to punish people for their constitutionally protected speech. If the Trump administration can target, arrest, detain, and deport Mahmoud for his speech, they can do it to anyone expressing an opinion they disagree with.”
Separately, Khalil’s legal team has been challenging his deportation in US immigration courts.
Last month, the Board of Immigration Appeals issued a final order of removal, but Khalil’s lawyers have also appealed the ruling.
In a filing last week, his lawyers argued that new evidence indicates that Khalil’s case was subject to “apparent procedural abnormalities”.
They pointed to a report by The New York Times that found that Khalil’s case had been flagged as high priority before it had arrived at the Board of Immigration Appeals, in what his lawyers say indicated the case was being “fast-tracked”.
The report also found that three judges at the Board of Immigration Appeals recused themselves from the case. While the reasons for the recusals were not made public, experts familiar with the board’s procedures have said the rate of recusals was extremely rare.
Khalil and his legal team have long maintained that he is unjustly being made an example of by the Trump administration, which has used immigration enforcement and crack down on pro-Palestine protesters.
US Secretary of State Marco invoked a rare provision of the Immigration and Nationality Act in targeting Khalil. The section allows the deportation of individuals deemed to be a national security threat based on “past, current or expected beliefs, statements, or associations that are otherwise lawful”.
Q&A
What is Mahmoud Khalil's deportation case about?
Mahmoud Khalil's deportation case involves challenges to his immigration detention, which he claims violates his free speech rights as a US permanent resident.
Why did the federal appeals court decline to rehear Khalil's case?
The federal appeals court declined to rehear Khalil's case in a 6-5 decision, which upheld a previous ruling that the initial judge lacked jurisdiction over the matter.
What legal actions has Mahmoud Khalil taken since his detention?
Since his detention by ICE agents in March 2025, Khalil has pursued two legal tracks, one challenging his detention on civil liberties grounds and the other seeking to bar his deportation.
What was the outcome of the federal judge's ruling in Khalil's favor?
The federal judge initially ordered Khalil's release from immigration detention and barred his deportation, but this ruling was later overturned by the appeals court.
