Mahmoud Khalil set for deportation, again...

He lost again, but is planning on appealing to the USSC?

On Thursday, the circuit judges found that the New Jersey district judge, Michael E. Farbiarz, lacked what is known as subject-matter jurisdiction, or the power to oversee certain types of matters, and ordered that he dismiss Mr. Khalil’s habeas petition. They suggested that Mr. Khalil’s release had not been Judge Farbiarz’s to grant, throwing his continued freedom into question.

On Friday, the U.S. Court of Appeals for the Third Circuit, which hears cases that originate in New Jersey, declined to review a January decision by three of its own judges that opened the door for Mr. Khalil to be arrested again.

The plan for Khalil is to appeal to the USSC, but good luck with that. They are the court that has pushed back on exactly the sort of habeas rulings made by District Court Judges. But even on the merits, there is nothing unusual about what happened with Khalil. His "rights" were not infringed upon by being detained for deportation, as the authority to deport him does legally stand with Secretary of State Marco Rubio. There is nothing in that authority that requires the Presidential appointee to clear his decisions with District Court Judges before taking action.

So the hope here is that USSC reverse their earlier issues with these habeas cause, ignore the subject-matter jurisdiction issues in question, and/or rule that Khalil had his rights taken away in spite of the entire process following the letter of the law. While I am sure that Justice Jackson, and Sotomayer will take issue with the letter of the law, there are not five justices willing to set it aside to allow Khalil to prevail on his lawsuits.

This guy is the poster child of the problems we face with much of our immigration system. Khalil is someone who demands he has the right to come to this country as a guest and then promote anti-American hatred and incite literal violence without consequences. As a guest, he can be legally asked to leave if he has worn out his welcome, and that decision is not ultimately the court's to make.