Judge Temporarily Blocks Mahmoud Khalil’s Deportation, Allows His Release
The judge’s injunction won’t “go into effect unless and until the Petitioner posts a nominal bond in the amount of $1.”
New Jersey District Court Judge Michael Farbiarz placed a temporary block on President Donald Trump’s administration’s plan to deport Mahmoud Khalil.
The defendants have until June 13 to seek appellate review.
Also, Farbiaz’s injunction won’t “go into effect unless and until the Petitioner posts a nominal bond in the amount of $1.”
Yes…$1.
“The Respondents are preliminarily enjoined from seeking to remove the Petitioner from the United States based on the Secretary of State’s determination,” wrote Farbiaz.
Khalil managed to convince Farbiaz that his continued detention has caused “irreparable harm to his career, his family and his free speech rights.”
DHS attorneys claimed “Khalil misrepresented himself on his green card application.”
They accused him of not disclosing “his employment with the Syrian office in the British Embassy in Beirut” on purpose, working for the United Nations Relief and Works Agency for Palestinian Refugees, and membership in Columbia University’s Apartheid Divest.
Secretary of State Marco Rubio justified Khalil’s removal by citing the Immigration and Nationality Act (INA) of 1952, which says an alien can be deported if the secretary “has reasonable ground to believe that the alien’s presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States.”
Rubio determined that Khalil’s activities and presence could cause consequences due to his participation “in antisemitic protests and disruptive activities, which fosters a hostile environment for Jewish students in the United States.”
What really gets me is that Farbiarz seems to have bought the “free speech” argument from Khalil…even though he started and led the vile antisemitic “protests” at Columbia.
Farbiarz found that Khalil met the public interest standard with a quote from another case, “[T]he public has no interest in the enforcement of what is very likely an unconstitutional statute.”
Insanity:
And on the other side of the ledger, there is a chilling effect on speech. See Amalgamated Transit Union Loc. 85, 39 F.4th at 109 (“There is a strong public interest in upholding the requirements of the First Amendment. And, if a plaintiff demonstrates both a likelihood of success on the merits and irreparable injury, it almost always will be the case that the public interest will favor the plaintiff.”) (cleaned up).
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Comments
Biden appointment. Does anything else need to be said?
The terms of his release are just insulting.
Intentionally so.
Trying to deport these foreigners is like trying to treat herpes. They just keep coming back.
Gotta use something stronger, then.
Repatriation or inhumation, and the judges are blocking the first option.
Trying to deport these foreigners is like trying take a clear picture of a UFO.
So, you have personal experience with herpes??? Please enlighten us on your STDs.
We all assume he has heard of your mother’s difficulties
No one here but you wants to be “enlightened” on someone’s herpes.
Figures you have an STD fetish, Dingus.
Your standard trope.
“Look in the mirror.”
Galling and frustrating as hell.
The “free speech” argument asserted by the genocidal, Jew-hating Islamofascist/Muslim supremacist plaintiff, is pure sophistry. This ruling is contemptible on both legal and moral grounds.
Deport him anyway.
So, are we to understand that the Trump Administration is no longer permitted to deport illegal aliens unless a district judge says it’s okay for Rubio to proceed?
They talk about co-equal branches of government, buyt……the legislative can pass laws the dictate the executives behavior, the judiciary can issue edicts tell the executive what he can and cannot do, and how it must be done, however,….the executive can do neither to the other two branches of government,..not exactly equal, is it?
The executive can ignore the judiciary. They have no enforcement arm except the executive branch.
If you can’t deport this guy, it’s going to be tough to deport anyone not convicted of a crime…and that’s of course the plan. If aliens have 1A rights like citizens, does that mean they can make political donations now as money is considered speech by SCOTUS?
“Judge” needs to be taken out and whipped. The judiciary has lost all credibility and moral authority.
Great idea, but Trump lacks the gonads.
Who said anything about Trump? There are any number of other people who would be willing to do it…
Wow, the judge sold his soul for a mere ten thin dimes!
He knows best what it is worth.
Subotai Bahadur
All judges and politicians are whores who are willing to sell their souls.
As lawyers they hone their skill for when they do become judges and politicians
Except for the few who are actual whores who didn’t need to attend law school. AOC and Kamala Harris come to mind.
The only good lawyers are those who continue to practice law.
No, he sold America for ten thin dimes. America and Americans are super cheap to commies.
They are salivating with the bait, ever hopeful that they could goad someone into an act to exploit.
Brian Wilson gets wall to wall coverage, and LA gets 300 seconds.
$1 = middle finger.
His due process consists of a habeas hearing in the court nearest where he’s being held (Louisiana)
“New Jersey District Court Judge Michael Farbiarz”
How in H E double hockey sticks does he have jurisdiction? The guy is being held in Louisiana.
Key word is “temporarily”. Don’t get your panties in a twist, although some of you Trump supporters here I strongly suspect are wearing panties. Not that there is anything wrong with that, of course.
Your obsession with our underwear is disturbing.
Underwear, trannies and obsessive anti-Trump rants — those are wanker JR’s passions.
Shut up, you idiot.
No one here but you is obsessing over anyone’s panties except for you.
Why do you always revert to sexual connotations?
It must be the dementia.
Childhood trauma, no doubt. There’s therapy for that!
This judge ruled Rubio’s use of the statute unconstitutional in a previous decision, referenced in the linked decision. Can someone post a link to that prior decision? (This decision just addressed the other elements necessary to grant the injunction).
There is another federal judge who has ruled that Rubio’s use of this statute was constitutional.
Therefore, this case is likely headed to SCOTUS for resolution.
Meh. Another District CT Judge certain of his own place in history, high on his own ideology, makes another questionable ruling and eventually the calmer heads at the Circuit Level or SCOTUS demand with instructions or directly overturn it. Seems like just another day in the weird judicial world of ‘But Trump’ b/c the ideological fools choosing to try and ram through judicial supremacy still don’t realize how badly they are overstepping and how much lasting damage to the Judiciary they are causing…but sooner or later they definitely will. The pendulum will be pulled abruptly in the opposite direction so fast and so far they will absolutely regret their role in undermining public and political tolerance for judicial overreach. No whining when it comes.
Judge Michael Farbiarz is making a joke of the judiciary. He sees his role as carrying water for leftist causes.
And it’s part of the Progressive push for decades to make the process the virtue, instead of the principle. You didn’t get this jot or tittle, then you lose, regardless of the evidence or law.
This will be appealed and Khalil will be deported.
More importantly
Have you had a Republican nominee in a state or district you didn’t vote for?
This story is for you
Congress should be pass a law that if a district court judge is overturned X times (pick a number) he immediately loses his judicial appointment. X should be a reasonable number like 3,
It is in the BBB.
Pretty sure that would require a constitutional amendment. Absolutely sure it would be unworkable, particularly given the nearly infinite grounds for reversal, most of which are not the evidence of incompetence or overreach.
District courts are a creation of congress and not the constitution so an amendment wouldn’t be required, As for too many judges getting booted for reversal I don’t care. These clowns have life time appointments and can do whatever they want as we’ve seen lately. I don’t care why they decisions are reversed. It is enough that they are.
Certainly the Judges and their surrogates would say it required an amendment. However the Constitution states Judges can’t be removed so long as they demonstrate ‘good conduct’. Seems to be a political question of interpretation of what ‘good’ v ‘bad’ conduct is by the Branch empowered to make the removal, Congress. There’s not a requirement to hold an impeachment vote in HoR and a ‘trial’ in the Senate to remove a Judge.
IMO we could ID the 3 District Judges of each Circuit with highest rate of being overturned and the highest remand with instructions rate and bring them before Congress to answer questions and make the case for retention. Then hold a simple up/down vote on each to retain or remove. The Judicial Supremacy goons will cry bloody murder but while our current understanding about removing Judges is ‘impeachment or bust’ that’s not an explicit Constitutional requirement to remove any ‘Civil Officer’ including Judges. A Presidential appointed and Senate confirmed (ring any bells about how a Judge gets to be a Judge?) Cabinet Officer like the Sec State or Sec Defense can be removed without impeachment by POTUS. IMO the impeachment process is way to give Congress the ability to remove Civil Officers independent of the POTUS.
What am I missing? Can someone help me? How does the judge have jurisdiction over this? The legislation gives the Secretary of State – and only the Secretary of State – the authority to decide who poses a threat to foreign policy. It gives only him the authority. It doesn’t say he has the authority if he makes that determination and the judiciary agrees.
He gets to make that decision whether the judiciary agrees with him or not. It doesn’t matter what the judge thinks or if the judge doesn’t even think about it.
Why does the judge have jurisdiction?
Trump swore an oath to defend that constitution. That includes defending the constitution against illegal and unconstitutional court orders. He must ignore the order.
deport him as the left already has us as the troublemakers and we have to STOP ALLOWING the left to control the narrative
Obama actually justified killing an american citizen overseas alll without that valued due process
so again,,,stop allowing the left to control the narrative
And his son if I remember correctly
Obama actually justified killing an american citizen overseas
And, using much of the same justification – his Article 2 powers.
Because the President is the Commander-in-Chief and has the power to wage war, and the act was one of war, not law enforcement. He wasn’t “droning an American citizen” he was “killing a combatant enemy of the US during wartime.”
In this case, the Executive branch (in the office of the Secretary of State) has the authority to determine if someone is a threat and to not allow him to enter/remain in our country.
I blame the EPA …
https://x.com/RickyDoggin/status/1932840938843640231
If he (or any illegal) commits another crime while out on bond, the judge should be named as an accessory. If we don’t have a law that allows for that, Congress should create one that does.
Looks like Democrat judges are trying to push the administration into deciding whether to obey the Constitution and do their jobs, or obey Democrats. Of course if they don’t meekly tug their forelock and jump when Democrats say jump then the Democrat-Media Complex will scream Constitutional Crisis!!!
Just declare him persona non grata put him on the first plane out of the crountry.
This is just one person. Multiply this by the 20-40 million and you can see why old age will come before deportation.
If I were PDJT I’d say “okay judge no problem we’ll keep him here.”
And then in the next moment, have a couple of his Secret Service agents take him to Dulles and put him on the next flight to whatever hellhole ME country he came from.
Trump has been following these District Judges but it is time for him to ignore them, continue with what the admin is doing, let the judiciary send it up to SCOTUS, but until then do not listen to the Federal Judges,
Deport the bastard anyhow
Balls.
I’ll put money on this bet:
Mahmoud Khalil will be on the first flight to Syria or Turkey probably from Toronto CA.
SOS needs to file for a new revocation of all Visas current and prior based on lies on original application and
1. Married to HAMAS COMMANDERS DAUGHTER
2. SPIED for the UK in Syria
3. Established HAMAS cell in the USA.