Posted on 01/16/2026 7:29:02 AM PST by Twotone
In a major win for the Trump administration, a federal appeals court ended a Biden-appointed district judge’s blockade on the deportation of a pro-Hamas foreign activist on Thursday.
In a 2-1 ruling, a panel for the Third Circuit Court of Appeals vacated orders from New Jersey-based District Judge Michael Farbiarz regarding the detainment and attempted deportation of Columbia University graduate Mahmoud Khalil. As law professor Mark Goldfeder previously wrote in these pages, Khalil — a Syrian-born green card holder — was detained by federal authorities last year “on the charge that he ‘led activities aligned to Hamas, a designated terrorist organization,’ and posed a threat to national security and foreign policy.”
Farbiarz’s orders “prevented the government from removing [Khalil] from the country,” mandated “his release from custody,” and “intervened in his immigration-court proceedings,” according to the circuit court.
In its Thursday decision, the Third Circuit panel found that while Farbiarz did have jurisdiction over Khalil’s habeas petition (i.e. a legal challenge to one’s detention) since he was held by authorities in New Jersey (despite being initially detained in New York), the Biden appointee ultimately lacked “subject matter jurisdiction” over the case under existing federal law.
More specifically, the court found that the Immigration and Nationality Act (INA) “channels ‘[j]udicial review of all questions of law … arising from any action taken or proceeding brought to remove an alien from the United States’ into a single petition for review filed with a federal court of appeals,” and therefore, “strip[s]” Farbiarz of jurisdiction over the matter.
In other words, the ruling essentially holds “that federal district courts lack power over immigration cases,” as The Federalist’s Senior Legal Correspondent Margot Cleveland put it.
“Our holdings vindicate essential principles of habeas and immigration law,” the ruling continued. “The scheme Congress enacted governing immigration proceedings provides Khalil a meaningful forum in which to raise his claims later on—in a petition for review of a final order of removal.”
The majority was comprised of Judges Thomas Hardiman and Stephanos Bibas, who were appointed by Presidents George W. Bush and Donald Trump, respectively.
Meanwhile, Judge Arianna Freeman dissented from the court’s judgment and in part from the majority opinion. While the Biden appointee agreed with the majority that Farbiarz rightly possessed habeas jurisdiction, she disagreed regarding the determination that he lacked subject jurisdiction as well.
“[I]n my view, the District Court also had subject matter jurisdiction. Because no provision of the INA stripped the District Court of that jurisdiction, I would review the merits of the grant of injunctive relief,” Freeman wrote.
The Third Circuit’s ruling vacates Farbiarz’s orders and remands the case back to the district court “with instructions to dismiss Khalil’s habeas petition.”
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No more judges with foreign names.
New Jersey-based District Judge Michael Farbiarz is another leftist judge who needs to be indicted, tried, convicted, and sentenced for giving aid and comfort to the domestic and foreign enemies of the United States.
While I am glad this happened, I would not characterize it as a “major win.” A partisan hack liberal judge ruled against Trump at the district court level based on nothing other than pure partisan spite and twisting the law. The circuit court simply reined in the district court judge’s insanity. The 3rd Circuit ruling was simply returning the rule of law that should have been there in the first place.
Tried to create something from nothing: by that logic, I could claim to have jurisdiction since I'm not stripped of that power in the INA law, either.
Judges should probably be required to be natural born citizens.
“In a major win for the Trump administration, a federal appeals court ended a Biden-appointed district judge’s blockade on the deportation of a pro-Hamas foreign activist on Thursday.”
Well, bye.
So many judges are an embarrassment to reason and law.
U.S.District Judge Michael Farbiarz (Blocked Trump from deporting Mahmoud Khalil, a pro-Hamas agitator)
U.S. District Judge Charles Breyer (Ordered Trump to end California Guard deployment in Los Angeles; Ruled that the National Guard cannot be used to protect federal officers engaging in immigration enforcement; Ordered Trump to immediately turn over control of the National Guard to Gavin Newsom)
Judge Amy Berman Jackson ordered that Trump must fund the far left Consumer Financial Protection Bureau (CFPB)
U.S. District Court Judge Beryl Howell ( Impeachment, January 6th, ordered no warrantless arrests illegals etc),
U.S. District Court Judge James E. Boasberg (holding the Trump Administration in contempt for not returning the plane full of Venezuelan gang members; injunction against deportation of Venezuelan gang members ; released an individual who threatened to disembowel the president )
U.S. Magistrate Judge Bruce Reinhart ( approved FBI raid on Trump’s Mar-a-lago residence
U.S. District Court Judge Lewis Kaplan (Presided over the E. Jean Carroll sexual assault case; ordered Trump to release funds to NYC that were withheld because NYC is a sanctuary city)
U.S. District Judge Allison Burroughs (Blocked Trump from canceling Harvard’s student visa program, student visa holder’s unfettered access to the United States; ordered Trump to restore 2.2 billion dollar funding to Harvard)
U.S. District Court Judge Randolph Moss (Suspended our national border)
U.S. District Judge Lewis Liman (blocked Trump from defunding/punishing the NY MTA over congestion pricing)
U.S. District Judge Hellerstein (Blocked Trump from deporting illegal alien gang members under the Aliens Enemies Act)
U.S. District Court Judge Adam Abelson, (injunction against Trump terminating DEI grants and programs )
U.S. District Court Judge James E. Boasberg (holding the Trump Administration in contempt for not returning the plane full of Venezuelan gang members; injunction against deportation of Venezuelan gang members ; released a person who threatened to disembowel the president )
U.S. District Court Judge Alvin Hellerstein, (twice rejectedTrump’s effort to move his hush money criminal case from New York state court to federal court)
U.S. District Judge Ellen Hollander ( Blocked DOGE from accessing Social Security Administration records)
U.S. District Court Judge Paul Engelmayer(Injunction DOGE Dept of Treasury, referred to Trump as a tyrant),
Judge Arthur Engoron (NY civil fraud case- levied $350,000,000 fine on Trump)
Mayor Jacob Frey (Told ICE to Get the f--- out of Minneapolis; odered the police not to protect ICE agents who were being assaulted) para Brandy Shufutinsky, director of the Education and National Security Program at the Foundation for Defense of Democracies. Both groups are fomenting violence against ICE
Rep. Debbie Wasserman- Schultz( co-sponsored legislation to remove Trump from the ballot; stated that Trump is a larger threat to America than Islamic terrorists; blamed increased antisemitism on young White men),
Jeffrey Goldberg (dual US-Israel citizen, former member of the Israel Defense Forces, leaked classified Signal meeting details in possible controvention of the the Espionage Act and the Official Secrets Act)
Marc Elias( over 60 lawsuits attacking voter ID laws),
Merrick Garland,
Shenna Bellows (Maine Secretary of State-Ordered Trump off the ballot ) ,
Jena Griswold (Colorado Secretary of State, ordered Trump off the ballot ),
George Soros,
Reid Hoffman (financial support for E Jean Carroll),
Leah Greenberg and Ezra Levin( financing the violent attacks against Tesla),
Judge David Ezra (stayed Texas law that permitted the arrest of illegals ),
Alejando Mayorkas,
Norm Eisen (152 lawsuits and counting against the Trump Administration)
Illinois Gov. J.B. Pritzker (Called for mass mobilization and disruption against Republicans-“These Republicans cannot know a moment of peace.”
Senator Michael Bennet (Blocked 80 Trump nominees)
Senator Elissa Slotkin (Impeachment, “war plan” against Trump)
Senator Chuck Schumer (Called for Trump 45 and 47 impeachment)
Senator Jon Ossoff (Called for Trump to be impeached in 2025)
Adam Schiff ( impeachment, evidence of Russian collusion)
Rep. Laura Friedman (colluding with state AGs to engage in lawfare against Trump)
Senator Brian Schatz (Holding up over 300 of Trump’s nominations )
Rep. Jamie Raskin ( threatened foreign governments that support Trump, co-sponsored legislation to keep Trump of the ballot)
Senator Chuck Shumer (led government shutdown in an attempt to preserve benefits for illegals; multiple threats against Trump)
Rep. Sara Jacobs (Congress- Bill to defund DOGE)
Organizers and funders of Not a King/ Anti-ICE protests:
George Soros
Alex Soros
Marc Benioff
Marc Zuckerberg
Hansjörg Wyss
Leah Greenberg,
Ezra Levin
Robert Weissman
Donna Lieberman
Randi Weingarten
It should be so for all elected federal officers AND for senior federal service employees and ALL senate confirmed agency heads and cabinet secretaries.
It’s a major win because it informs all other district judges to knock it the hell off in regards to their specious interference in immigration.
Not all will listen, but most will, especially in the 3rd district, because they know they will rapidly be reversed.
And there is now a precedent for all other districts to follow suit. There is no doubt that SCOTUS will uphold.
Although it’s very likely Kahlil’s lawyers will appeal for an en banc re-hearing hoping for a different outcome. If a full bench decides the same, they will drop it to avoid a SCOTUS decision that sets a nationwide standard.
And if the full appeals bench overturns the decision, then Trump will appeal to SCOTUS and they still lose and we still get a nationwide precedent upholding the actual rule of law.
Either way, we win. Just a matter of time.
The Lefty protester M. O. is to blow whistles in neighborhoods where illegal aliens are living/hanging out to warn them ICE is coming.
Get your whistle! Go wherever you see illegals! A local is doing this and they run away..
Within a week the lefties whistles will be useless!
Just do it!🇺🇲🏃🔊
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