← 2026-10-2010brief

Mahmoud Khalil asks Supreme Court to let federal judges review his detention before his deportation case ends

The 3rd Circuit said courts must wait; the 4th Circuit said the opposite in a similar case.

Khalil, a green-card holder and pro-Palestinian activist, is appealing a 3rd Circuit ruling that federal courts can't hear his challenge until immigration proceedings finish. The 3rd Circuit has paused that ruling, so Khalil stays free while he appeals.

  • Khalil spent more than 100 days in immigration detention in 2025.
  • The 3rd Circuit ruling conflicts with the 4th Circuit's ruling in the Badar Khan Suri case. The Washington Examiner says that conflict raises the odds the Supreme Court takes the case, but review is the Court's choice and is not guaranteed.
  • DHS response, per NBC News: 'We would encourage him to use the CBP Home app and self-deport.'