Legal Challenge Against Judge in Deportation Case of Pro-Palestinian Activist

Thu Apr 02 2026 20:28:16 GMT+0000 (Coordinated Universal Time)

Mahmoud Khalil's lawyers have raised concerns over potential bias in his deportation case, seeking the recusal of Judge Emil Bove, citing his past role in the Trump administration regarding immigration matters.

Mahmoud Khalil, a former Columbia University student and pro-Palestinian activist facing deportation, is challenging the involvement of Judge Emil Bove in his appeal. Khalil's lawyers argue for Bove's recusal due to his prior role in the Trump administration overseeing immigration enforcement against protesters, suggesting a conflict of interest. The government defends Bove's position while Khalil, who has been accused of associations with Hamas without evidence, pushes back against the allegations as politically motivated.

NEW YORK (AP) — Lawyers for Mahmoud Khalil, the former Columbia University graduate student fighting deportation, have requested Judge Emil Bove to recuse himself from the appellate panel due to his previous role as a high-ranking Justice Department official involved in student protests.

This week, Khalil’s legal team petitioned for the remaining judges on the 3rd Circuit Court of Appeals to review and overturn a January ruling that brought the Trump administration one step closer to detaining and ultimately deporting Khalil. The administration has labeled him a pro-Palestinian activist.

Khalil’s attorneys highlighted Bove’s history as the Principal Associate Deputy Attorney General, where he oversaw immigration enforcement decisions against student protesters at institutions like Columbia, arguing this presents a conflict of interest.

Bove has been serving on the Philadelphia-based 3rd U.S. Circuit Court of Appeals since September and was previously one of former President Donald Trump’s defense attorneys, notably in the hush-money case that led to Trump’s conviction.

According to Khalil’s attorneys, Bove’s immigration enforcement background raises concerns regarding his impartiality in Khalil’s case. While the Department of Justice is defending the government's position, they see no basis for Bove's recusal, deferring to his judgment.

Khalil is currently a legal permanent resident, and he was among the first individuals publicly identified during the U.S. crackdown on noncitizens criticizing Israel's actions in Gaza. He is fighting a January ruling from a New Jersey federal judge that stated he had to address his detention and deportation issues through immigration court.

Bove's ruling indirectly pivots on whether the efforts to deport Khalil based on his activism and criticisms of Israel violate constitutional rights. Khalil endured three months in immigration detention, missing significant family events, including the birth of his son.

The basis for his deportation includes unsubstantiated allegations of his association with Hamas and claims of needing to reveal more information on his green card application.

Khalil rejects these allegations as unfounded and attempts to contextualize his legal battle as a consequence of exercising free speech for a free Palestine amidst what he terms ‘genocide in Gaza.’ He claims his arrest stemmed from a rarely used statute meant for those whose beliefs are seen as a threat to U.S. foreign policy.

In February 2025, shortly before Khalil's arrest, Bove contributed to a task force at the Justice Department aimed at targeting perceived threats posed by supporters of Hamas on college campuses.