3rd Circuit Halts Deportation Order As Mahmoud Khalil Seeks Supreme Court Review
On Tuesday, May 26, 2026, the 3rd U.S. Circuit Court of Appeals stayed its prior ruling in Mahmoud Khalil's case so he can seek review at the U.S. Supreme Court.[1]
The stay pauses enforcement of the 3rd Circuit's earlier decision and reduces Khalil's immediate risk of re-arrest and deportation while his appeals proceed.[1] Khalil is a lawful permanent resident and a former Columbia graduate student who was detained in 2025 after participating in pro-Palestinian protests in spring 2024.
A federal judge in New Jersey had ordered Khalil's release, saying his detention was unconstitutional. The 3rd Circuit later said that judge lacked authority and directed that the dispute be routed through immigration courts. Separately, Khalil has appealed an adverse immigration-court ruling to the 5th U.S. Circuit Court of Appeals.
The stay gives Khalil time to pursue a Supreme Court petition while the parallel immigration appeal moves forward, keeping him out of immediate custody as the higher-court process unfolds.[1]
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📌 Key Facts
- On Tuesday, May 26, 2026, the 3rd U.S. Circuit Court of Appeals stayed its prior ruling in Mahmoud Khalil’s case so he can appeal to the U.S. Supreme Court.
- Khalil, a lawful permanent resident and former Columbia graduate student, was detained in 2025 over his participation in pro-Palestinian protests in spring 2024, with the government citing foreign-policy concerns.
- A federal judge in New Jersey ordered his release as unconstitutional detention, but the 3rd Circuit later said the judge lacked authority and that the case must go through immigration courts first.
- Khalil has separately appealed an adverse immigration-court decision to the 5th U.S. Circuit Court of Appeals, and the 3rd Circuit’s stay reduces his near-term risk of re-arrest and deportation while appeals continue.
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