Appeals court reverses decision that freed pro-Palestinian activist Mahmoud Khalil [View all]
Source: msn/AP
23m
A federal appeals panel on Thursday reversed a lower court decision that released Mahmoud Khalil from an immigration jail, bringing the government one step closer to detaining and ultimately deporting the Palestinian activist.
A three-judge panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia instructed the lower court to dismiss Khalil’s habeas petition, a court filing that secured his release. The panel ruled that the federal district court in New Jersey did not have jurisdiction over the matter because immigration challenges are handled differently under the law.
In a 2-1 decision, the panel ruled that federal immigration laws require deportation challenges to be made by filing a petition for review of a final order of removal with a federal appeals court — not a lower-level district court.
“That scheme ensures that petitioners get just one bite at the apple—not zero or two,” the panel wrote. “But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government conduct.” The law bars Khalil “from attacking his detention and removal in a habeas petition,” the panel added.
Read more: https://www.msn.com/en-us/news/world/appeals-court-reverses-decision-that-freed-pro-palestinian-activist-mahmoud-khalil/ar-AA1UhxI0
Link to ORDER (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.ca3.125331/gov.uscourts.ca3.125331.134.0.pdf
Sounds like a technical ruling.
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