Appeals court says judge had no jurisdiction to order Mahmoud Khalil’s release
Selcuk Acar/Anadolu via Getty Images
(NEW YORK) — A federal appeals court ruled Thursday a judge had no jurisdiction to order Columbia University pro-Palestinian activist Mahmoud Khalil released from immigration detention last summer, a decision that could lead to his re-arrest.
Khalil, a green card holder who is married to an American citizen, was released from ICE custody last June following his arrest by ICE agents in New York City in March.
U.S. District Judge Michael Farbiarz issued an order on June 20 granting Khalil ‘s release on bail after determining that he presented neither a danger nor a flight risk and that extraordinary circumstances justified his temporary release while his habeas case proceeded — a decision that was sharply criticized by the Trump administration.
On Thursday, the 3rd U.S. Circuit Court of Appeals ordered Judge Farbiarz to dismiss a petition Khalil had filed challenging his detention, on the grounds that Farbiarz lacked jurisdiction in the case.
“On consideration whereof, it is now ORDERED and ADJUDGED that the District Court’s orders entered on April 29, May 28, June 11, June 20, and July 17, 2025, are hereby VACATED and the case is REMANDED to the District Court with instructions to dismiss the petition for lack of subject-matter jurisdiction,” the opinion said.
Khalil was picked up at his Columbia University housing complex last March and jailed as part of the Trump administration’s crackdown on pro-Palestinian protests. He spent about three months in a Louisiana detention center and missed the birth of his son.
Khalil was detained on the basis of Secretary of State Marco Rubio’s determination that Khali’s speech would “compromise a compelling U.S. foreign policy interest.” Judge Farbiarz granted Khalil’s request for a preliminary injunction after concluding that he would continue to suffer irreparable harm if the government continued efforts to detain and deport him.
Prior to ordering his release, the judge also found that Khalil was likely to succeed on the merits of his constitutional challenge to his detention and attempted deportation on the “foreign policy ground.”
“Today’s ruling is deeply disappointing, but it does not break our resolve,” Khalil said in a statement Thursday. “The door may have been opened for potential re-detainment down the line, but it has not closed our commitment to Palestine and to justice and accountability. I will continue to fight, through every legal avenue and with every ounce of determination, until my rights, and the rights of others like me, are fully protected.”
Khalil’s lawyers said they are now considering whether to pursue an appeal to the full circuit — an interim step before a possible appeal to the U.S. Supreme Court.
“Today’s decision is deeply disappointing, and by not deciding or addressing the First Amendment violations at the core of this case, it undermines the role federal courts must play in preventing flagrant constitutional violations,” said Bobby Hodgson, deputy legal director at the New York Civil Liberties Union.
“The Trump administration violated the Constitution by targeting Mahmoud Khalil, detaining him thousands of miles from home, and retaliating against him for his speech,” Hodgson said. “Dissent is not grounds for detention or deportation, and we will continue to pursue all legal options to ensure Mahmoud’s rights are vindicated.”
(NEW YORK) — At least four U.S. states are under a severe thunderstorm watch.
The National Weather Service Storm Prediction Center issued the watch for northwest Arkansas, southeast Kansas, southern Missouri and eastern Oklahoma until 6 p.m. CT. The storm is expected to bring hail and damaging winds.
Wind speeds could reach 75 miles per hour and hail might be as large as 1.5 inches in diameter, according to the forecast.
Most of these areas have seen growing drought conditions over the last two months, so one to two inches of rain expected across the area will be much needed and welcomed to these areas. However, some localized flash flooding will be possible.
The rain will reach from the Florida Panhandle up to the eastern Great Lakes Sunday by the afternoon.
While the severe threat is expected to be lower, some storms capable of producing strong winds and large hail are possible for the central Gulf Coast, as well as from northern North Carolina and eastern Kentucky up to western New York.
Lawyer Barry Pollack speaks during a press conference, June 26, 2024, in Canberra, Australia. (Lisa Maree Williams/Getty Images)
(NEW YORK) — As Venezuelan President Nicolas Maduro and his wife were arraigned this week on narco-terrorism charges, the key legal players in the case included a 92-year-old judge and the attorney for WikiLeaks founder Julian Assange.
The case with international implications will feature high-profile defense attorneys and will be presided over by the most senior U.S. District Court Judge for the Southern District of New York.
Maduro and his wife, Cilia Flores, on Monday pleaded not guilty to federal drug trafficking charges. The next court date is set for March 17.
The Judge
U.S. District Court Judge Alvin Hellerstein was appointed to the federal bench in 1998 by former President Bill Clinton and was confirmed by the Senate through unanimous consent.
Known by colleagues and lawyers as a no-nonsense jurist with an independent streak, Hellerstein presided over the 2019 federal civil trial of Harvey Weinstein, brought by 16 women who accused the former movie mogul of sexual assault.
In a major July 2020 ruling, Hellerstein, who turned 92 last month, tossed a $19 million settlement in the Weinstein civil case, saying that it failed to adequately compensate the accusers.
In his decision, Hellerstein slammed the settlement proposal as unfair, noting that accusers who had merely met Weinstein would receive compensation equal to those who were allegedly sexually assaulted by him.
“What is there to make me believe that a person who just met Harvey Weinstein has the same claim as the person who is raped by Harvey Weinstein?” the judge asked during a hearing on the settlement.
Additionally, the judge said it was “obnoxious” that the settlement proposal would have included money to cover the legal fees for Weinstein and other directors of his former company.
Hellerstein has also ruled against President Donald Trump, whose Justice Department is prosecuting Maduro, in multiple instances.
In 2023 and 2024, Hellerstein rejected requests by Trump’s attorneys to move a case charging him with falsifying business records to hide hush-money payments to adult movie star Stormy Daniels from state court to federal court.
“Trump has failed to show that the conduct charged by the Indictment is for or relating to any act performed by or for the President under color of the official acts of a President,” Hellerstein wrote in his ruling.
Trump was eventually convicted in state court on 34 felony counts.
In April 2025, Hellerstein blocked the Trump administration from deporting migrants under the Alien Enemies Act, ruling that migrants being held in the Southern District of New York could not be deported without them first receiving notice and an opportunity for a hearing.
Maduro’s attorney
Barry Pollack, Maduro’s attorney, has more than 30 years of experience as a lawyer and has represented high-profile clients.
During Maduro’s arraignment on Monday, Pollack signaled that that he could assert that he is entitled, as a foreign leader, to protection against prosecution.
“He is the head of a sovereign state,” Pollack said in court, adding that there are “issues about the legality of his military abduction.”
Among the attorney’s past clients is Julian Assange. In June 2024, Pollack negotiated a plea agreement for the WikiLeaks founder who was charged with violating the Espionage Act for publishing classified information he obtained from Chelsea Manning, a U.S. Army intelligence analyst.
Under the plea agreement that Pollack hammered out with the Department of Justice, Assange was freed from prison in June 2024 after pleading guilty to a single felony count of conspiring to unlawfully obtain and disseminate classified information.
Pollack — a partner in the Harris St. Laurent & Wechsler law firm in New York City and Washington, D.C. — also won the freedom of Martin Tankleff, a Long Island, New York, teenager who was wrongfully convicted of murdering his parents in 1988. Tankleff was released from prison in 2008 after Pollack successfully filed an appeal, arguing there was insufficient evidence to convict him.
Pollack also defended Michael Krautz, former accountant for the Enron Corp., who was charged along with other company executives with fraud and conspiracy to falsify business records stemming from overstated earnings of the company’s now-defunct subsidiary Enron Broadband Services.
Krautz was acquitted of the charges in 2006, just days after Enron founder Kenneth Lay and CEO Jeffrey Skilling were convicted on similar charges in one of the biggest business scandals in U.S. history.
“Barry’s unwavering commitment to his clients, the defense function, and the Constitution serves as inspiration to criminal defense lawyers across the nation,” Christopher W. Adams, president of the National Association of Criminal Defense Lawyers, said in 2021, as the organization honored Pollack with its Robert C. Heeney Memorial Award.
Maduro also added constitutional law expert Bruce Fein to his legal defense team, according to a notice on the court docket on Tuesday. Fein has written critically about the Trump administration’s deportation policies and the president’s use of pardons.
Maduro’s wife’s lawyer
Houston-based defense attorney Mark Donnelly, a former federal prosecutor, has been retained by Maduro’s wife, Cilia Flores.
Donnelly is the former senior advisor to the U.S. Attorney for the Southern District of Texas and was a federal prosecutor for 12 years before going into private practice. He is now a partner in the Houston law firm Parker Sanchez & Donnelly.
“With over 100 jury trials under his belt, Mark not only is extremely comfortable in the courtroom, but also has the knowledge and experience to guide clients through all phases of representation,” his bio on his law firm’s website says.
According to the bio, Donnelly spent eight years as a prosecutor in the Harris County, Texas, District Attorney’s Office, where he led investigations into elected officials and others charged with violating the public trust.
In 2023, the Texas House of Representatives recruited Donnelly to assist in the historic investigation and impeachment trial of then-state Attorney Gen. Ken Paxton, who was accused of bribery and abusing his office to protect a donor accused of making false statements to secure business loans.
Paxton, a Republican, was acquitted in September 2023.
Donnelly is a proficient Spanish speaker and was once designated as a bilingual assistant prosecutor for the Harris County District Attorney’s Office.
“We look forward to reviewing and challenging the evidence the government has,” Donnelly said in a statement to Houston Public Media about representing Flores. “While we would love to present our side now, we will wait to do so in court at the appropriate time. The first lady is aware that there is a long road ahead and is prepared.”
Authorities are searching for two suspects from the Atlanta area: Jahaun Suber, 20, and Devell Ortiz, 19. Jefferson Parish Sheriff Joseph Lopinto
(NEW ORLEANS) — Two suspects have been arrested and two more are at large in connection with a burglary at the home of New Orleans Saints defensive end Cam Jordan.
The four suspects allegedly broke in through a back door while the house was empty on Sept. 14 — the day of a Saints home game, Jefferson Parish Sheriff Joseph Lopinto said.
Jordan spoke out about the break-in on social media on Tuesday, saying, “Yah that Sunday sucked… the most important things, my family, was and is safe.”
It appears no one else was targeted; the suspects, who are from the Atlanta area, drove back to Georgia right after the burglary, Lopinto said at a news conference.
Two men — Donald Robinson, 28, and Jadon Brown, 19 — were arrested after being identified within 24 hours of the break-in, according to the sheriff’s office.
Authorities are still searching for the two other suspects, identified as Jahaun Suber, 20, and Devell Ortiz, 19, the sheriff’s office said.
Charges have not been finalized but will likely include simple burglary and possession of stolen property, the sheriff said. The FBI is working with local officials on the case and federal charges are possible, the sheriff added.
Some of the property has been recovered, but Lopinto didn’t disclose what was stolen.
It is not clear if the suspects are linked to other burglaries, the sheriff added.
The Saints lost the Sept. 14 home game to the San Francisco 49ers 26-21.
Jordan, who has played his entire 15-year career for the Saints, is an eight-time Pro Bowler and has 124 career sacks, second-most among active players.
This is the latest in a string of burglaries targeting professional athletes. Other victims of break-ins include Kansas City Chiefs stars Patrick Mahomes and Travis Kelce, Cincinnati Bengals quarterback Joe Burrow and Los Angeles Lakers guard Luka Dončić.
