Appeals court overturns ruling on Mahmoud Khalil’s release, citing jurisdictional grounds
A federal appeals court has just reversed a lower court’s decision, potentially paving the way for the re-arrest of Columbia University activist Mahmoud Khalil.On Thursday, January 16, 2026, the 3rd U.S. Circuit Court of Appeals ruled that U.S. District Judge Michael Farbiarz lacked jurisdiction to order Khalil’s release from immigration detention last summer.
Khalil, a green card holder married to an American citizen, was arrested by ICE agents in New York City in March 2025 and held for about three months in a Louisiana detention center. The appeals court vacated multiple prior orders from April to July 2025 and directed Judge Farbiarz to dismiss Khalil’s petition challenging his detention.
Khalil’s arrest stemmed from a determination by Secretary of State Marco Rubio that his pro-Palestinian speech compromised U.S. foreign policy interests. He was released on June 20, 2025, after Judge Farbiarz found he posed no danger or flight risk and faced irreparable harm if detained further. The Trump administration publicly criticized the release order at the time.
Judge Farbiarz’s rulings, while well-intentioned, stepped beyond his authority, according to the higher court.
What happens next to Khalil remains uncertain, though re-arrest looms as a real possibility.
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