Mahmoud Khalil v. President United States of America
Split Score
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Case Summary
Disposition
Vacated
The Third Circuit vacated the district court’s preliminary injunction and release order in favor of lawful-permanent-resident Mahmoud Khalil, holding that although the district court had habeas jurisdiction, 8 U.S.C. § 1252(b)(9) stripped it of subject-matter jurisdiction because Khalil’s claims can be raised later in a petition for review of a final removal order. The panel therefore remanded with instructions to dismiss the habeas petition.
Circuit Split Identified
Legal Issue
Whether 8 U.S.C. § 1252(b)(9) strips district-court jurisdiction over pre-final-order challenges (including detention-related First Amendment claims) that are related to removal proceedings.
Circuit Positions
§ 1252(b)(9) applies to pre-final-order claims; district courts lack jurisdiction because those claims must be raised in a petition for review.
§ 1252(b)(9) applies only to judicial review of a final order of removal; district courts retain jurisdiction over pre-final-order habeas challenges.
Conflict Summary
The split centers on whether § 1252(b)(9) channels into a petition-for-review all claims that merely relate to removal before a final order is entered. The Third and First Circuits interpret the statute broadly, holding that it divests district courts of jurisdiction over such pre-final-order claims whenever meaningful review will be available later. The Second, Fourth, Ninth, and Eleventh Circuits interpret § 1252(b)(9) narrowly, concluding that it applies only once a final order of removal has issued and therefore does not bar district-court habeas actions challenging detention or interim government conduct.