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Appeals court rejects Mahmoud Khalil's request for rehearing in detention case

Appeals court rejects Mahmoud Khalil's request for rehearing in detention case

Summary

A federal appeals court rejected Mahmoud Khalil’s request to reconsider a ruling that prevents him from challenging his detention in federal court while his immigration case moves forward. Khalil must now wait until after his final removal order to raise constitutional claims about his detention and alleged targeting due to his pro-Palestinian activism.

Key Facts

  • Mahmoud Khalil is a pro-Palestinian activist and green card holder married to a U.S. citizen.
  • He was arrested in New York City in March 2025 and held in ICE custody until June 2025.
  • Khalil’s detention is based on a Secretary of State determination that his speech threatens U.S. foreign policy interests.
  • The appeals court refused a full rehearing, keeping in place a ban on federal court challenges to his detention during immigration proceedings.
  • Three judges dissented, warning the decision could harm civil liberties of noncitizens like Khalil.
  • Khalil has a final removal order from the Board of Immigration Appeals but is not currently detained due to other court orders.
  • The American Civil Liberties Union plans to ask the Supreme Court to review the appeals court’s decision.
  • Khalil and his supporters say the case raises issues about free speech and immigration detention policies.
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