NEW YORK — The 3rd U.S. Circuit Court of Appeals on Tuesday put its prior ruling on hold, granting Mahmoud Khalil more time to appeal his deportation case to the U.S. Supreme Court. The court’s stay allows Khalil, a lawful permanent resident of the U.S., to remain free while his legal team prepares a petition for review by the high court.
Khalil was detained by immigration authorities in 2025 due to his participation in pro-Palestinian demonstrations at Columbia University in the spring of 2024. The U.S. government argued that his presence in the country was harmful to the nation’s foreign policy interests. His lawyers have argued his case in immigration courts, though their efforts have been unsuccessful so far.
A federal judge in New Jersey previously ordered Khalil’s release after he spent months in detention, ruling that the government had acted unconstitutionally. However, the 3rd Circuit later determined that the federal judge lacked authority to intervene and held that the matter must first be resolved through immigration courts.
The appeals court did not provide a reason for its decision to stay its ruling. It also stated, "If no timely petition is filed, parties must notify the court in writing." An appeal to the Supreme Court is expected in the coming months, possibly in late summer.
Brett Max Kaufman, senior counsel with the American Civil Liberties Union, said, "We look forward to asking the Supreme Court to make clear that the government cannot use the threat of detention and deportation to silence dissent." Kaufman is representing Khalil in his legal challenge.