Appeals Court Says Judge Had No Jurisdiction to Order Mahmoud Khalil’s Release
A Third Circuit decision vacates ICE release order, risking Khalil’s re-arrest.
On January 15 2026 the Third U.S. Circuit Court of Appeals ruled that U.S. District Judge Michael Farbiarz lacked subject‑matter jurisdiction to order the release of Columbia University pro‑Palestinian activist Mahmoud Khalil from ICE detention. The court vacated Farbiarz’s orders dated April 29, May 28, June 11, June 20 and July 17 2025, and remanded the case to the district court to dismiss Khalil’s petition. Khalil, a green‑card holder married to a U.S. citizen, had been detained in New York City in March and then held for three months in a Louisiana facility, missing his son’s birth. The ruling could trigger his re‑arrest while his habeas‑corrige‑specific legal challenge over foreign‑policy grounds continues.
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