Immigration board denies Mahmoud Khalil appeal

The Board of Immigration Appeals (BIA) issued a final order of removal for Mahmoud Khalil on Thursday after the board denied his bid for the deportation case to be thrown out, according to Khalil’s lawyers.  

While the rulings by the board are not public, Khalil’s lawyers shared the news of what they allege is a politically motivated decision.  

“I am not surprised by this decision from the biased and politically motivated Board of Immigration Appeals. I have committed no crime. I have broken no law. The only thing I am guilty of is speaking out against the genocide in Palestine — and this administration has weaponized the immigration system to punish me for it,” said Mahmoud Khalil.  

Khalil still cannot be detained or deported as a separate case he brought against the Trump administration proceeds in federal court.  

Khalil, one of the lead students in the pro-Palestinian encampment at Columbia University in 2024, was arrested by the Trump administration last year under allegations he was a threat to the country’s foreign policy and had ties to terrorist groups. Khalil was released months later while his cases proceeded through the legal system.

The BIA agreed with Khalil’s deportation under the grounds that Secretary of State Marco Rubio determined he was a threat to the country’s foreign policy, although Khalil’s lawyers note the federal district court said that was likely an unconsitutional reason to deport Khalil.  

Khalil’s lawyers argued the immigration courts, which are controlled by the Trump administration, have become politically slanted, with a majority of recent cases resulting in unfavorable outcomes for noncitizens. 

“In all my decades as an immigration lawyer, I have never seen such a baseless and politically motivated decision. The BIA’s decision has absolutely no support in the record, violates a federal court order, and we’ll be fighting it until the end,” said Khalil’s lead immigration attorney Marc Van Der Hout. “Federal courts have already agreed that Mahmoud was targeted for his speech, and there is likely much more evidence of the government’s unlawful retaliation that has yet to come to light. This is a clear continuation of the administration’s retaliation against Mahmoud for exercising his First Amendment rights.”  

Khalil’s case in federal court has also hit some snags as an appeals court ruled a district judge overstepped their legal authority by releasing Khalil from custody, arguing Khalil’s case had to go through immigration courts before the federal system made a ruling.  

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