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3rd Circuit Denies Khalil Rehearing, Sparks Supreme Court Appeal

5/23/2026

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Summary

Story summary

The 3rd U.S. Circuit Court of Appeals voted 6-5 to deny rehearing of Mahmoud Khalil’s case.
Khalil was arrested March 8 2025, released June 2025 after a judge’s order, and now faces a Board of Immigration Appeals removal order.
The order could deport him to Algeria or Syria, where he faces danger.
His lawyers say the decision may permit prolonged detention without meaningful judicial review.
Khalil will petition the U.S. Supreme Court.

History

Historical Context

The Supreme Court’s 2001 Zadvydas v. Davis ruling limited detention of removable aliens to six months, ending a two-decade dispute that began with Mariel-boat-lift Cubans and was sharpened by the 1996 immigration reforms. The 3rd Circuit’s recent 6-5 denial of rehearing for Mahmoud Khalil revives that tension, with over 1,000 detainees still held beyond the six-month limit.

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Story summary

The 3rd U.S. Circuit Court of Appeals voted 6-5 to deny rehearing of Mahmoud Khalil’s case.
Khalil was arrested March 8 2025, released June 2025 after a judge’s order, and now faces a Board of Immigration Appeals removal order.
The order could deport him to Algeria or Syria, where he faces danger.
His lawyers say the decision may permit prolonged detention without meaningful judicial review.
Khalil will petition the U.S. Supreme Court.

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