The key facts

  • Khalil asks the US Supreme Court to review the appellate ruling that closed the district court path to his lawsuit
  • He was detained in March 2025 and spent 104 days in custody; his release was overturned in January by a 2-1 vote
  • His deportation case continues in the 5th Circuit Court of Appeals; written arguments are expected to conclude in early November

Appeal to the Supreme Court

Pro-Palestinian activist Mahmoud Khalil on Monday turned to the US Supreme Court asking it to review a federal appellate ruling that stripped district courts of the ability to consider his lawsuit over his detention and deportation proceedings.

Arguments of the defense

According to the motion filed by his lawyers, Khalil argues that the government arrested and detained him in March 2025 to punish him for speaking out in support of Palestinians and to intimidate others into silence. The lawyers note that immigration courts are part of the executive branch, so the government can drag out the process while simultaneously punishing him. 'If this ruling stands, the government will have a powerful and unprecedented weapon to suppress critics,' the motion says.

Timeline of the case

Khalil spent 104 days in custody. A federal judge ordered his release in June 2025. In January, a federal appeals court overturned that decision by a 2-1 vote, stating that the judge had no authority to consider the case before the immigration process was completed. In May, the full appellate court declined to revisit the ruling.

Current status

At this stage, the Supreme Court is not being asked to decide whether the detention was unlawful — the question is only whether a judge may consider his lawsuit now. Khalil is currently not in custody. His deportation case continues in the 5th Circuit Court of Appeals, where written arguments are expected to conclude in early November.