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May 6, 2025, Philadelphia — The Third Circuit Court of Appeals today denied the government permission to appeal the issue of where Columbia student Mahmoud Khalil’s habeas case should play out.
Back in April, the District Court of New Jersey ruled that it is the proper venue for Mr. Khalil’s habeas petition, as he was detained there when the petition was filed. The government argued that the venue should lie in Louisiana—because that is where the government shipped Mr. Khalil and is unlawfully detaining him — and sought to appeal the district court’s ruling. In today’s order, the Third Circuit denied that request. As a result, the case will continue to proceed in the District of New Jersey.
The circuit court judges who issued the denial included Judge Stephanos Bibas, a Donald Trump appointee, Thomas Hardiman, a George W. Bush appointee, and Arianna Freeman, who was appointed by Joe Biden.
“It is the fundamental job of the judiciary to stand up to this kind of government manipulation of our basic rights. We hope the court’s order sends a strong message to other courts around the country facing government attempts to shop for favorable jurisdictions by moving people detained on unconstitutional immigration charges around and making it difficult or impossible for their lawyers to know where to seek their immediate release,” said Brett Max Kaufman, a senior counsel with the ACLU’s Speech, Privacy, and Technology Project.
On March 8, the Trump administration and Department of Homeland Security (DHS) illegally arrested and detained Mr. Khalil in direct retaliation for his advocacy for Palestinian rights at Columbia University. Shortly after, DHS transferred him 1,400 miles away to a Louisiana detention facility — ripping him away from his wife and legal counsel. While stuck in detention, he was forced to miss the birth of his first child.
Mr. Khalil is represented by Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, Washington Square Legal Services, the American Civil Liberties Union, the New York Civil Liberties Union (NYCLU), and the ACLU of New Jersey.
For more information, see our case page here.
The Center for Constitutional Rights works with communities under threat to fight for justice and liberation through litigation, advocacy, and strategic communications. Since 1966, the Center for Constitutional Rights has taken on oppressive systems of power, including structural racism, gender oppression, economic inequity, and governmental overreach. Learn more at ccrjustice.org.