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Immigration Board Denies Mahmoud Khalil’s Appeal, Bringing Activist One Step Closer to Deportation

Khalil’s lawyers said the ruling advances a removal case they call politically motivated and unconstitutional retaliation for his pro-Palestinian activism.

  • The Board of Immigration Appeals issued a final removal order on Thursday against Mahmoud Khalil, a Palestinian activist and former Columbia University graduate student.
  • Khalil contends the administration "weaponized the immigration system" to punish his speech regarding Palestine, following his arrest last March and 104 days in an immigration jail.
  • The BIA's ruling relies on the "Rubio determination" under the "foreign policy ground" of the Nationality Act, though a New Jersey federal court previously ruled this basis likely unconstitutional.
  • Despite the removal order, Khalil cannot lawfully be detained or deported while his habeas corpus case proceeds in The Third Circuit, his attorneys confirmed.
  • Brett Max Kaufman, senior counsel with the ACLU's Center for Democracy, said today's decision is an "important reminder of the stakes of Mahmoud's habeas case.
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Breitbart broke the news in United States on Thursday, April 9, 2026.
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