Khalil v. United States of America (Khalil appeal, 3d Cir. 25-2162)

The government invoked Section 237(a)(4)(C) to remove Khalil based on assertions that his role as lead organizer of Columbia's pro-Palestinian protest encampment posed foreign policy risks warranting the Secretary of State's removal certification. The Third Circuit's 2-1 ruling bypassed the constitutional questions central to Khalil's case whether removing an LPR for political speech violates First Amendment protections and whether the government's foreign policy determination satisfied the individualized-findings requirement courts have imposed on Section 237(a)(4)(C) instead reversing solely on jurisdictional grounds. By holding that a statutory provision divested the district court of authority over removal proceedings, the panel shifted both the government's foreign policy justification and Khalil's constitutional defenses to the administrative removal process and his pending habeas corpus action.