Palestinian activist and former Columbia University graduate student Mahmoud Khalil is closer to being deported after the Board of Immigration Appeals rejected his latest bid to dismiss the case against him.
The Associated Press reported that the board issued a final order of removal, which brings the 31-year-old permanent resident one step closer to being re-arrested and deported.
An immigration appeals board has denied Mahmoud Khalil's latest bid to dismiss his deportation case, a largely expected ruling that brings the former Columbia University graduate student and Palestinian activist one step closer to re-arrest and possible expulsion.
The Board of Immigration Appeals issued the final order of removal on Thursday, according to Khalil's lawyers. The board's rulings are not public, and an inquiry to the U.S. Department of Justice was not immediately returned.
Khalil said he was not surprised by the ruling, which he called "biased and politically motivated." His attorneys said he cannot be lawfully detained or deported as he pursues a separate case in the federal court system.
"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," Khalil said in a statement.
The Board of Immigration Appeals sets precedent in the byzantine immigration court system, which is controlled by the Department of Justice — and increasingly under the influence of the Trump administration.
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The Board of Immigration Appeals just denied Mahmoud Khalil's latest attempt to block his deportation.
— Eric Liberty | The Republic Post 🇺🇸 (@RepublicPostUSA) April 10, 2026
One step closer to the door. 🚪
If you organize against America you don't get to stay in America. Simple as that. 🇺🇸#Khalil #Deportation #ICE #MAGA #TheRepublicPost
The board’s decision leaves in place an earlier finding by a Louisiana immigration judge who determined that Khalil is subject to deportation on national security and paperwork grounds. Reuters reported that Judge Jamee Comans in Jena ruled last year that the 1952 immigration law grants the secretary of state “unilateral judgment” to decide when a noncitizen’s presence threatens U.S. foreign policy interests and that she did not possess the authority to override it.
Later in 2025, another immigration judge ordered that Khalil be deported to either Algeria or Syria after the White House accused him of failing to fully disclose information on his green card application. However, a separate ruling protected him from removal up to this point.
Khalil’s story began in March 2025 when immigration enforcement agents arrested him in his New York apartment and sent him to a detention facility in Louisiana. During an April hearing, a judge told the government it had one day to produce evidence backing its effort to deport him. He spent 104 days in detention before a federal judge in New Jersey ordered his release.
But his freedom was short-lived. In January 2026 the Third Circuit Court of Appeals ruled that the judge lacked jurisdiction to order Khalil’s release and instructed the lower court to dismiss his habeas petition.
The White House argued from the beginning that Khalil’s presence in the United States would undermine U.S. foreign policy — especially efforts to combat antisemitism and protect Jewish students.
Khalil’s attorneys argue that the government showed no evidence beyond claims Secretary of State Marco Rubio made in a memo to the court. “There is not a single shred of proof that Mahmoud’s presence in America poses any threat,” they insisted.
The American Civil Liberties Union (ACLU) contends that Khalil’s case is about free speech, not national security. Indeed, the case does center on whether the government can deport a noncitizen over political speech even if they have not been accused or convicted of actual crimes.
“From day one, the Trump administration’s hand-picked Louisiana immigration judge denied out of hand every motion Mahmoud brought without even the pretense of providing him with his constitutional right to a fair hearing. In almost 50 years of practicing immigration law, I have never seen such a sham proceeding. But federal courts have already agreed that Mahmoud was targeted for his speech — and no amount of bogus made-up charges will change that,” Khalil’s immigration attorney Marc Van Der Hout said.
The board’s ruling puts Khalil closer to deportation, but the fight isn’t over yet. There are several legal barriers to deporting him. A separate federal court order in his First Amendment case still prohibits the government from detaining or deporting him until the litigation is concluded. His attorneys requested that the Third U.S. Circuit Court of Appeals rehear the case finding that the New Jersey court lacked jurisdiction.
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