Overview
- A divided 3rd U.S. Circuit Court of Appeals on May 22 declined 6-5 to grant a full-court rehearing, leaving in place a panel ruling that a federal district judge lacked jurisdiction to review Khalil's detention.
- Because of that ruling, Khalil cannot pursue his constitutional claims in federal district court for now and must press them through the immigration appeals process after a final removal order.
- Khalil's lawyers said they will ask the U.S. Supreme Court to hear the case and will seek an emergency stay to block his re-arrest or deportation while appeals continue.
- The government relied on a rarely used statutory ground saying Khalil's speech could 'compromise a compelling U.S. foreign policy interest' and also accused him of misstatements on his green-card application, though no criminal charges were filed.
- Three appeals judges dissented and civil-rights groups warned the decision risks broad civil-liberty harms, while reporting and lawyers have flagged unusual fast-tracking and recusals at the Board of Immigration Appeals that they say deserve scrutiny.