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Appeals court ruling will prevent Mahmoud Khalil's removal while he seeks Supreme Court review

3:51
Mahmoud Khalil seeks $20M or an apology from the Trump administration
Yuki Iwamura/AP
ByArmando Garcia
May 26, 2026, 9:39 PM

The 3rd U.S. Circuit Court of Appeals on Tuesday granted Columbia University pro-Palestinian activist Mahmoud Khalil a temporary stay of its earlier order denying a rehearing of his detention case.

The order which will prevent the Trump administration from detaining Khalil while he seeks to have his case reviewed by the Supreme Court.

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Appeals court rejects Mahmoud Khalil's request for rehearing in detention case

Khalil, a green card holder who is married to an American citizen, was released from ICE custody last June following his arrest by federal agents in New York City in March 2025.

He was detained on the basis of Secretary of State Marco Rubio's determination that his speech would "compromise a compelling U.S. foreign policy interest."

Pro-Palestinian activist Mahmoud Khalil poses for a portrait during an interview, July 3, 2025, in New York City.
Yuki Iwamura/AP

"We're grateful that the court recognized the irreparable harm Mahmoud would face if he were re-detained before the Supreme Court has a chance to review his case, Brett Max Kaufman, senior counsel at the ACLU's Center for Democracy, said following Tuesday's ruling.

"Detention would serve only to cruelly separate him from his family and further chill his speech. We look forward to asking the Supreme Court to make clear that the government cannot use the threat of detention and deportation to silence dissent," Kaufman said.

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