A major legal victory for US immigration authorities has put a prominent pro-Palestinian activist back on the path to potential deportation. On Thursday, 15 January 2026, a federal appeals court reversed a prior ruling that had secured Mahmoud Khalil's release from an immigration detention centre.
Court Rules on Jurisdiction in Immigration Case
The decision came from a three-judge panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia. The panel, in a 2-1 split decision, instructed a lower federal district court in New Jersey to dismiss Khalil's habeas corpus petition. This legal filing had been the instrument of his release.
The core of the ruling centred on jurisdiction. The appellate judges determined that the district court lacked the proper authority to hear Khalil's challenge. They stated that federal immigration law mandates a specific process: challenges to deportation orders must be filed directly as a petition for review to a federal appeals court, not through a habeas petition in a lower district court.
Legal Reasoning and Implications for Detention
"That scheme ensures that petitioners get just one bite at the apple—not zero or two," the panel wrote in its opinion. The judges acknowledged that this legal framework means some individuals, including Khalil, "will have to wait to seek relief for allegedly unlawful government conduct."
Critically, the panel added that the law explicitly bars individuals like Khalil from using a habeas petition to "attack his detention and removal." This interpretation of the statute significantly narrows the avenues available for those in immigration custody to contest their detention through the lower courts.
Next Steps for the Activist
This reversal marks a substantial setback for Khalil and his legal team, bringing the US government one step closer to re-detaining and ultimately deporting him. The case now returns to the lower court with instructions to dismiss the habeas petition, which could swiftly lead to a new detention order.
As of the time of reporting, messages sent to Khalil and his representatives seeking comment on the appeals court decision had not been immediately returned. The legal battle is now expected to shift focus to the federal appeals court, where any further challenge to a final deportation order would need to be filed.
