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US Supreme Court to hear appeal in pro-Palestine advocate’s deportation case

Mahmoud Khalil’s legal team challenges procedural abnormalities and rare judge recusals following Board of Immigration Appeals order

Author
Adrian Cole
Political Correspondent
Published
Draft
Source: Al Jazeera Global News · original
Mahmoud Khalil to appeal US deportation case to Supreme Court
Federal appeals court declines rehearing in 6-5 decision

Mahmoud Khalil, a US permanent resident and pro-Palestine advocate, will appeal his deportation case to the US Supreme Court after a federal appeals court declined to rehear his challenge to immigration detention. The announcement follows a 6-5 decision by the court on Friday, marking the next stage in a legal battle that has seen the Trump administration utilise immigration enforcement to target activists.

Khalil was detained by Immigration and Customs Enforcement in March 2025. His legal team has pursued two distinct tracks since his detainment: a civil liberties challenge regarding free speech and a separate immigration court challenge against the deportation order. The administration has cited national security concerns and an alleged failure to disclose past work for the UN agency for Palestinian refugees (UNRWA) as grounds for removal.

The Trump administration invoked a rare provision of the Immigration and Nationality Act, allowing deportation based on lawful beliefs, statements, or associations. US Secretary of State Marco utilised this section to target Khalil, arguing he represented a national security threat despite the administration presenting no evidence to support this claim and Khalil never having been charged with a crime.

Khalil’s lawyers are challenging a final order of removal issued last month by the Board of Immigration Appeals. In a filing last week, they cited apparent procedural abnormalities, including a New York Times report indicating the case was flagged as high priority before reaching the board, suggesting it was fast-tracked. The report also noted that three judges at the board recused themselves from the case, a rate experts describe as extremely rare.

Brett Max Kaufman, senior counsel at the American Civil Liberties Union, stated that federal courts must intervene when the government exploits immigration systems to punish protected speech. “If the Trump administration can target, arrest, detain, and deport Mahmoud for his speech, they can do it to anyone expressing an opinion they disagree with,” Kaufman said.

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