A federal appeals court has sided with the Trump administration in his efforts to deport Palestinian extremist Mahmoud Khalil.
The 3rd Circuit Court of Appeals ruled on Thursday that Khalil must pursue his deportation case through the U.S. immigration court system, leaving open the possibility that he could be detained by immigration officials while pleading his case, Politico reported.
The two-to-one ruling from the three-judge panel is a setback for Khalil and a victory for the Trump administration.
“The scheme Congress enacted governing immigration proceedings provides Khalil a meaningful forum in which to raise his claims later on — in a petition for review of a final order of removal,” the decision reads.
“That scheme ensures that petitioners get just one bite at the apple — not zero or two,” the panel explained. “But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government conduct.”
Khalil has attempted to bypass U.S. immigration courts and made his appeal through Democrat-appointed judges in a New Jersey federal court instead.
Now, the Appeals Court has ruled that the New Jersey court had no jurisdiction to hear Khalil’s immigration case and the New Jersey court’s ruling that he be released from Immigration and Customs Enforcement (ICE) custody was improper.
Khalil was arrested in March of last year by ICE, and the Trump administration determined to deport him, despite the fact that he had become a legal permanent resident — though not a U.S. citizen.
The far left immediately rallied behind the pro-Palestinian agitator, and he filed a $20 million lawsuit against the Trump administration to stymie being deported. The New Jersey court agreed, giving Khalil an early victory.
But despite finding a compliant judge in New Jersey, federal immigration Judge Jamee Comans in Louisiana later ruled that the federal government had every right to deport Khalil.
Khalil appealed that ruling, leading to the 3rd Circuit Court of Appeals. He does have yet another appeal option, or he can take the case to the United States Supreme Court.
Khalil could be deported to Algeria, where he holds citizenship, or back to Syria, where he was born.
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