Federal judges on Friday declined to review an appeal filed by Mahmoud Khalil, the Columbia graduate who was arrested by Immigration and Customs Enforcement officers last March at the start of President Donald Trump’s crackdown on pro-Palestinian campus activists. Khalil’s lawyers said they will appeal the decision to the Supreme Court.
The U.S. Court of Appeals for the Third Circuit declined to review a January decision by a lower court that opened the door to Khalil’s deportation. The decision did not pertain to the main issues in the case, but rather what the appropriate venue was for Khalil’s case.
Khalil’s attorneys had argued that the case challenging alleged constitutional violations should be heard in federal district court, whereas the U.S. attorneys with the Department of Justice said such issues were best suited to immigration court, whose judges are hired by the U.S. Attorney General.
The ruling split the Third Circuit, with six judges voting to approve Khalil’s request and five judges voting to deny it. The dissenting judges contended that the court’s decision could threaten the constitutional rights of Khalil and other noncitizens.
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