Mahmoud Khalil said on a New York Times podcast that he believes the Hamas attack on Israel on Oct. 7 was a "desperate" plea for Gazans to be heard by the world. (Rashid Umar Abbasi for Fox News Digital)
Khalil, a Columbia University graduate who became a ringleader of campus protests against the Israeli government, has been fighting to stay in the United States since March, when the DOJ first accused him of violating immigration laws because of his advocacy for Palestine and perceived sympathy for Hamas terrorists.
Khalil, who is a lawful permanent resident, was arrested at the time and deemed removable by an immigration judge because of what the Trump administration said was speech that was at odds with the United States' national security posture.
In June, Judge Michael Farbiarz, a Biden appointee based in New Jersey, blocked the immigration judge's decision, saying Khalil's First Amendment rights were violated, and the judge ordered Khalil released on bail.
Los Angeles, CA - May 01: Protestors gather outside the Pro-Palestinian encampment on the campus of UCLA in Los Angeles on Wednesday, May 1, 2024. (Keith Birmingham/MediaNews Group/Pasadena Star-News via Getty Images)
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One judge on the three-judge panel that heard the case on Tuesday said Khalil’s attorneys should not be faulted for filing a habeas corpus petition in New Jersey in March because they did not know their client's true location at the time. Khalil’s arrest and detention took place over a whirlwind few days, where he was detained in New York, moved to New Jersey, then moved to Louisiana.
"The lawyers didn’t know," the judge said. "They had to prepare for the worst. What else do they do, unless we’re creating a black hole of jurisdiction?"
The appellate court judges did not say when they would make a decision, but one could come at any time.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/doj-argues-judges-decision-blocking-mahmoud-khalils-removal-indefensible