A federal judge has denied Mahmoud Khalil’s request to be released from detention, ruling on Friday that the US government is not violating his previous court order by holding him.
On Wednesday, Judge Michael Farbiarz decided Mr Khalil could not be deported or detained based on Secretary of State Marco Rubio’s determination that his presence “would compromise a compelling US foreign policy interest.”
But the US government told the court that Mr Khalil is being detained for a different reason – that he was “an alien inadmissible at the time of entry or admission”.
Acknowledging that argument, Judge Farbiarz said Mr Khalil, a lawful permanent resident, would have to remain in detention.
In a letter to the court on Friday, the justice department said Judge Farbiarz had “expressly noted” that his order would “have no impact on efforts to remove [Mr Khalil] for reasons other than the Secretary of State’s determination”.
Along with holding Mr Khalil because he had been deemed a threat to US foreign policy, the government detained him because of alleged inaccuracies on his application to become a permanent resident.
In his response to the government’s letter on Friday, Judge Fabiarz agreed and said Mr Khalil had not provided any