Appeals court reverses decision that freed pro-Palestinian activist Mahmoud Khalil

[BumRushDaShow]

Source: msn/AP

23m


A federal appeals panel on Thursday reversed a lower court decision that released Mahmoud Khalil from an immigration jail, bringing the government one step closer to detaining and ultimately deporting the Palestinian activist.

A three-judge panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia instructed the lower court to dismiss Khalil’s habeas petition, a court filing that secured his release. The panel ruled that the federal district court in New Jersey did not have jurisdiction over the matter because immigration challenges are handled differently under the law.

In a 2-1 decision, the panel ruled that federal immigration laws require deportation challenges to be made by filing a petition for review of a final order of removal with a federal appeals court — not a lower-level district court.

“That scheme ensures that petitioners get just one bite at the apple—not zero or two,” the panel wrote. “But it also means that some petitioners, like Khalil, will have to wait to seek relief for allegedly unlawful government conduct.” The law bars Khalil “from attacking his detention and removal in a habeas petition,” the panel added.

Read more: https://www.msn.com/en-us/news/world/appeals-court-reverses-decision-that-freed-pro-palestinian-activist-mahmoud-khalil/ar-AA1UhxI0

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Link to ORDER (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.ca3.125331/gov.uscourts.ca3.125331.134.0.pdf

Sounds like a technical ruling.

[Polybius]

1. Wow

Any options left?

[pecosbob]

2. So, habeus corpus, the foundation of western jurisprudence is no more.

[AloeVera]

3. Sacrificed for the interests of a foreign nation.

Thursday’s decision marked a major win for the Trump administration’s sweeping campaign to detain and deport noncitizens who joined protests against Israel.

[Miguelito Loveless]

4. When you start exempting a group of people

from habeus, you are ultimately going to add everyone to the list, one group at a time.

[Bayard]

5. This sounds more like a procedural thing to me, that can be remedied

What do the lawyers among us say?

[angrychair]

6. This is disturbing ruling

I'm not a lawyer but I am a civics nerd and it's my understanding that the legal underpinning of a habeas petition is the 5th amendment and the 5th amendment applies to everyone in the US, regardless of immigration status. I have included the 5th amendment for reference below. For anyone that is an actual lawyer, am I wrong about that?

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.