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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.
Khalil, a 31-year-old legal permanent resident, was the first
person whose arrest became publicly known during the federal
crackdown on noncitizens who publicly criticized Israel and its
actions in Gaza.
The government has claimed that Khalil's efforts as a leader of
pro-Palestinian protests at Columbia were “aligned to Hamas.”
They have not presented evidence of any connection to the
terrorist group, and Khalil has adamantly denied allegations of
antisemitism.
After his arrest last March, Khalil spent 104 days in an
immigration jail, missing the birth of his first child, before
he was ordered released by a federal judge in New Jersey.
Khalil suffered a significant setback in his federal case
earlier this year, with a U.S. appeals panel ruling the judge in
New Jersey overstepped his authority by releasing him. In a 2-1
decision, the panel found that law requires the case to fully
move through the immigration courts before Khalil can challenge
the decision in federal court.
Khalil’s lawyers are requesting the full appeals panel
reconsider the decision. Earlier this month, they asked one of
the appellate panel’s judges to step aside because of his
previous role as a top Justice Department official involved in
investigating student protesters.
Khalil was born in Syria to a Palestinian family and holds
Algerian citizenship through a distant relative. He has said
that he could be targeted, and even killed, if he is deported.
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