Campus Protest and Free Speech

Pro‑Palestinian activist Mahmoud Khalil has asked Judge Emil Bove, a former senior Justice Department immigration official, to recuse himself from a 3rd Circuit appeal and has filed a petition for rehearing en banc asking the full court to revisit a divided January panel ruling in his habeas case. Khalil contends Bove’s prior supervisory role over personnel who investigated Columbia student protesters creates a reasonable appearance of involvement in his case and warns the panel decision could allow authorities to detain noncitizens for retaliatory or punitive reasons while insulating that detention from federal review; the government says it sees no basis for recusal but is deferring to Bove.