Mahmoud Khalil v. President United States of America, et al
| MAHMOUD KHALIL |
| PRESIDENT UNITED STATES OF AMERICA, DIRECTOR NEW YORK FIELD OFFICE IMMIGRATION AND CUSTOMS ENFORCEMENT, WARDEN ELIZABETH CONTRACT DETENTION FACILITY, ATTORNEY GENERAL UNITED STATES OF AMERICA, DIRECTOR U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, SECRETARY U.S. DEPARTMENT OF HOMELAND SECURITY and SECRETARY U.S. DEPARTMENT OF STATE |
| PROFESSOR KELLEN FUNK, Esq., KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY, FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION, NATIONAL COALITION AGAINST CENSORSHIP, CATO INSTITUTE, RUTHERFORD INSTITUTE, PEN AMERICA, FIRST AMENDMENT LAWYERS ASSOCIATION, SCHOLARS OF CONSTITUTIONAL LAW, 73 FAITH ORGANIZATIONS CONGREGATIONS AND FAITH LEADERS, IMMIGRATION LAWYERS LAW PROFESSORS AND SCHOLARS, 108 COLUMBIA UNIVERSITY AND BARNARD COLLEGE FACULTY MEMBERS, MARC D. FALKOFF, ERIC M. FREEDMAN, PAUL D. HALLIDAY, RANDY A. HERTZ, AZIZ Z. HUQ, JOSEPH MARGULIES, STEPHEN I. VLADECK, LARRY YACKLE and INTERNATIONAL LAW PROFESSORS |
| NATIONAL JEWISH ADVOCACY CENTER |
| 25-2357 |
| July 18, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Habeas Corpus |
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Filing 108
ORDER (HARDIMAN, BIBAS and FREEMAN, Circuit Judges) denying Motion filed by Amicus Appellee Immigration Lawyers Law Professors and Scholars for leave to file appendix volume II. Thomas M. Hardiman, Authoring Judge. [25-2162, 25-2357] (EAF) [Entered: 01/12/2026 11:05 AM]
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Filing 107
ORDER (HARDIMAN, BIBAS and FREEMAN, Circuit Judges) granting motion filed by Appellants Secretary U.S. Department of State, President United States of America, Secretary U.S. Department of Homeland Security, Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director U.S. Immigration and Customs Enforcement and Warden Elizabeth Contract Detention Facility to File Appendix Volume VI under Seal. Thomas M. Hardiman, Authoring Judge. [25-2162, 25-2357] (EAF) [Entered: 01/12/2026 10:28 AM]
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| Filing 106 HARD COPY RECEIVED from Appellee Mahmoud Khalil in 25-2162, 25-2357 - Supplemental Brief with Addendum attached. Copies: 7. [25-2162, 25-2357] (EMA) [Entered: 11/18/2025 09:31 AM] |
| Filing 105 ECF FILER: ELECTRONIC ADDENDUM to BRIEF on behalf of Appellee Mahmoud Khalil in 25-2357, 25-2162 containing Attachments to ECF No. 104 in 25-2357, Appellee's Supplemental Brief.. Certificate of Service dated 11/10/2025 by ECF. --[Edited 11/12/2025 by EAF - Attachment removed; uploaded to Supplemental Brief as intended as counsel received error when attempted] [25-2357, 25-2162] (BMK) [Entered: 11/10/2025 05:17 PM] |
| Filing 104 ECF FILER: ELECTRONIC SUPPLEMENTAL BRIEF with Addendum attached on behalf of Appellee Mahmoud Khalil in 25-2357, 25-2162. Certificate of Service dated 11/10/2025 by ECF. --[Edited 11/12/2025 by EAF - Text edited to reflect Addendum attached] [25-2357, 25-2162] (BMK) [Entered: 11/10/2025 04:58 PM] |
| Filing 103 ECF FILER: ELECTRONIC SUPPLEMENTAL BRIEF on behalf of Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2162, 25-2357. Certificate of Service dated 11/10/2025 by ECF. [25-2162, 25-2357] (AD) [Entered: 11/10/2025 04:52 PM] |
| Filing 102 ECF FILER: Transcript of oral argument on 10/21/2025 prepared at the direction of the Court. [25-2162, 25-2357] (AD) [Entered: 11/03/2025 03:46 PM] |
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Filing 101
ORDER (Clerk) At the direction of the Court, no later than November 10, 2025, the parties shall file supplemental briefing of no more than 3 single-spaced pages addressing the impact, if any, of the EOIR guidance on this appeal. Answer due 11/10/2025. [25-2162, 25-2357] (AR) [Entered: 10/27/2025 04:33 PM]
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| Filing 100 ECF FILER: Response filed by Appellee Mahmoud Khalil in 25-2162, 25-2357 to Rule 28(j) letter. Certificate of Service dated 10/24/2025. Service made by ECF. This document will be SENT TO THE MERITS PANEL if/when applicable. [25-2162, 25-2357]--[Edited 10/27/2025 by TMK] (RH) [Entered: 10/24/2025 06:22 PM] |
| Filing 99 ECF FILER: Letter dated 10/22/2025 , filed pursuant to Rule 28(j) from counsel for Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2162, 25-2357. Service made by Email. This document will be SENT TO THE MERITS PANEL, if/when applicable. [25-2162, 25-2357] (DCE) [Entered: 10/22/2025 07:33 PM] |
| Filing 98 ARGUED on Tuesday, October 21, 2025. Panel: HARDIMAN, BIBAS and FREEMAN, Circuit Judges. Drew C. Ensign arguing for Appellants. Brett M. Kaufman, and Robert Hodgson arguing for Appellee Mahmoud Khalil. [25-2162, 25-2357] (AR) [Entered: 10/21/2025 03:22 PM] |
| Filing 97 CLERK'S LETTER to counsel written at the direction of the Court, counsel are hereby directed to file a transcript of oral argument by Tuesday, November 4, 2025 in the above entitled case. Liaison counsel should immediately advise the Clerk's Office of the Court Reporter or agency handling the Transcription of oral argument. The Government shall pay the cost of the transcript. (Please see the attached letter for full text). [25-2162, 25-2357] (AR) [Entered: 10/21/2025 02:56 PM] |
| Filing 96 ECF FILER: ENTRY OF APPEARANCE from Amy Belsher on behalf of Appellee(s) Mahmoud Khalil. [25-2162, 25-2357] (AB) [Entered: 10/21/2025 02:16 PM] |
| Filing 95 COURT MINUTES OF ARGUED/SUBMITTED CASES. [25-2162, 25-2357] (AR) [Entered: 10/21/2025 09:30 AM] |
| Filing 94 ECF FILER: ENTRY OF APPEARANCE from Drew C. Ensign on behalf of Appellant(s) All Federal Appellants (see attached form for complete list). [25-2162, 25-2357] (DCE) [Entered: 10/20/2025 03:43 PM] |
| Filing 93 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Drew C. Ensign, Esq. for Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2162, Attorney Drew C. Ensign, Esq. for Appellants President United States of America, Director New York Field Office Immigration and Customs Enforcement, Warden Elizabeth Contract Detention Facility, Director United States Immigration and Customs Enforcement, Secretary United States Department of Homeland Security, Secretary United States Department of State and Attorney General United States of America in 25-2357. Certificate of Service dated 10/07/2025. Service made by ECF. [25-2162, 25-2357] (DCE) [Entered: 10/07/2025 05:48 PM] |
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Filing 92
ORDER (HARDIMAN, BIBAS and FREEMAN, Circuit Judges) The foregoing Motions to proceed as amicus and to file amicus brief out of time are GRANTED. Judge: HARDIMAN Authoring. [25-2162, 25-2357] --[Edited 10/08/2025 by AWI] (MS) [Entered: 10/07/2025 04:08 PM]
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| Filing 91 ECF FILER: SUMMARY OF ORAL ARGUMENT submitted by Attorney Brett M. Kaufman, Esq. for Appellee Mahmoud Khalil in 25-2162, 25-2357. Case Summary: The questions presented for argument are whether the district court has habeas and subject-matter jurisdiction over the petition, and whether the district court abused its discretion in granting a preliminary injunction and releasing Mr. Khalil on bail.. Post Video: YES. [25-2162, 25-2357] (BMK) [Entered: 10/07/2025 12:17 PM] |
| Filing 90 ECF FILER: DIVISION OF TIME FORM filed by Attorney Brett M. Kaufman, Esq. for Appellee Mahmoud Khalil in 25-2162, 25-2357. Certificate of Service dated 10/07/2025. Service made by ECF. [25-2162, 25-2357] (BMK) [Entered: 10/07/2025 12:02 PM] |
| Filing 89 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Brett M. Kaufman, Esq. for Appellee Mahmoud Khalil in 25-2162, 25-2357. Certificate of Service dated 10/07/2025. Service made by ECF. [25-2162, 25-2357] (BMK) [Entered: 10/07/2025 12:01 PM] |
| Filing 88 Oral Argument Notification for Tuesday, 10/21/2025. Setting & Time: Maris Courtroom / 9:00am. Location: Philadelphia, PA. [25-2162, 25-2357] (AR) [Entered: 10/03/2025 10:00 AM] |
| Filing 87 HARD COPY RECEIVED from Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, President United States of America, Director United States Immigration and Customs Enforcement, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2162, 25-2357 - Reply Brief. Copies: 10. [Entry edited to reflect all party filers] [25-2162, 25-2357]--[Edited 09/29/2025 by MS]--[Edited 10/14/2025 by EMA] (SJB) [Entered: 09/29/2025 03:49 PM] |
| Filing 86 COMPLIANCE RECEIVED. Motion to file overlength reply brief was previously filed by Appellants and was granted at thedirection of the Court. [25-2162, 25-2357] (MS) [Entered: 09/25/2025 09:31 AM] |
| Filing 85 TEXT ORDER (Clerk) directing Attorney Alanna Thanh Duong, Esq. for Appellants Secretary United States Department of State, President United States of America, Secretary United States Department of Homeland Security, Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement and Warden Elizabeth Contract Detention Facility in 25-2162, 25-2357 to file a motion for leave to file overlength reply brief. Due on or before 09/29/2025. [25-2162, 25-2357] (MS) [Entered: 09/25/2025 09:20 AM] |
| Filing 84 ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2162, 25-2357. Certificate of Service dated 09/24/2025 by ECF. [25-2162, 25-2357] (AD) [Entered: 09/24/2025 04:33 PM] |
| Filing 83 ECF FILER: LETTER from Attorney Alanna Thanh Duong, Esq. for Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2162 Informing the Court of District Court Filing No. 378. Certificate of Service dated 09/23/2025. Service made by ECF. [25-2162, 25-2357] (AD) [Entered: 09/23/2025 02:23 PM] |
| Filing 82 HARD COPY RECEIVED from Amicus Appellee 73 Faith Organizations Congregations and Faith Leaders in 25-2162, 25-2357 - Amicus Brief. Copies: 7. Received: 10. [25-2162, 25-2357] (KEL) [Entered: 09/23/2025 12:21 PM] |
| Filing 81 HARD COPY RECEIVED from Amicus Appellee 108 Columbia University and Barnard College Faculty Members in 25-2162, 25-2357 - Amicus Brief with Addendum attached. Copies: 7. [25-2162, 25-2357] (KEL) [Entered: 09/23/2025 12:20 PM] |
| Filing 80 CLERK'S OFFICE QUALITY CONTROL MESSAGE: ENTRY OF APPEARANCE from Rebecca Hufstader on behalf of Appellee Horacio Munoz-Saucedo at docket entry No. 78. ERROR: Entry of Appearance inadvertently filed in the incorrect case. CORRECTION: Appearance was filed in the correct case No. 25-2628 and document removed from No. 25-2357. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. (TMM) [Entered: 09/23/2025 11:44 AM] |
| Filing 78 ECF FILER: ENTRY OF APPEARANCE from Rebecca Hufstader on behalf of Appellee(s) Horacio Munoz-Saucedo. [25-2357] (RH) [Entered: 09/23/2025 10:50 AM] |
| Filing 79 COMPLIANCE RECEIVED. Motion for leave to file appendix volume II received from Amicus Appellee Immigration Lawyers Law Professors and Scholars in 25-2162, 25-2357. [25-2162, 25-2357] (EAF) [Entered: 09/23/2025 11:25 AM] |
| Filing 77 ECF FILER: Motion filed by Amicus Appellee Immigration Lawyers Law Professors and Scholars in 25-2162, 25-2357 for leave to file appendix volume II. Certificate of Service dated 09/22/2025. Service made by ECF. --[Edited 09/23/2025 by EAF - Text and relief edited] [25-2162, 25-2357] (FM) [Entered: 09/22/2025 10:42 PM] |
| Filing 76 TEXT ORDER (Clerk) directing Attorney Fatma Marouf, Esq. for Amicus Appellee Immigration Lawyers, Law Professors and Scholars in 25-2162, 25-2357 to file a Motion for Leave to File Appendix Volume II for the Appendix filed on 9/18/25. Due on or before 09/25/2025. [25-2162, 25-2357] (EAF) [Entered: 09/22/2025 02:59 PM] |
| Filing 75 HARD COPY RECEIVED from Amicus Appellees Marc D. Falkoff, Eric M. Freedman, Paul D. Halliday, Randy A. Hertz, Aziz Z. Huq, Lee Kovarsky, Joseph Margulies, Stephen I. Vladeck and Larry Yackle in 25-2162 - Amicus Brief. Copies: 7. [25-2162, 25-2357] (PAR) [Entered: 09/22/2025 02:01 PM] |
| Filing 74 ECF FILER: ENTRY OF APPEARANCE from Sarah H. Paoletti on behalf of Amicus Curiae International Law Professors, Scholars, and Practitioners. [25-2162, 25-2357] (SHP) [Entered: 09/22/2025 03:31 AM] |
| Filing 73 HARD COPY RECEIVED from Amicus Appellee Immigration Lawyers, Law Professors and Scholars in 25-2162, 25-2357 - Amicus Brief with Appendix attached. Copies: 7. [25-2162, 25-2357] (KEL) [Entered: 09/19/2025 01:30 PM] |
| Filing 72 HARD COPY RECEIVED from Amicus Appellee Scholars of Constitutional Law in 25-2162, 25-2357 - Amicus Brief. Copies: 7. [25-2162, 25-2357] (KEL) [Entered: 09/19/2025 01:28 PM] |
| Filing 71 HARD COPY RECEIVED from Amicus Appellee Knight First Amendment Institute at Columbia University in 25-2162, 25-2357 - Amicus Brief. Copies: 7. [25-2162, 25-2357] (KEL) [Entered: 09/19/2025 01:16 PM] |
| Filing 70 HARD COPY RECEIVED from Amicus Appellees Cato Insitute, First Amendment Lawyers Association, Foundation for Individual Rights and Expression, National Coalition Against Censorship, Pen America and Rutherford Institute in 25-2162, 25-2357 - Amicus Brief. Copies: 7. [25-2162, 25-2357] (KEL) [Entered: 09/19/2025 01:14 PM] |
| Filing 69 HARD COPY RECEIVED from Proposed Amicus-Appellee International Law Professors, Scholars & Practitioners in 25-2162, 25-2357 - Amicus Brief. Copies: 7. [25-2162, 25-2357] (KEL) [Entered: 09/19/2025 01:10 PM] |
| Filing 68 HARD COPY RECEIVED from Amicus Appellee Kellen Funk, Esq. in 25-2162, 25-2357 - Amicus Brief. Copies: 7. [25-2162, 25-2357] (KEL) [Entered: 09/18/2025 03:03 PM] |
| Filing 67 ECF FILER: ENTRY OF APPEARANCE from Jonathan Romberg on behalf of Amicus Curiae Habeas Scholars Marc D. Falkoff, Eric M. Freedman, Paul Halliday, Randy A. Hertz, Aziz Z. Huq, Lee Kovarsky, Joseph Margulies, Stephen I. Vladeck, and Larry Yackle (in Support of Petitioner-Appellee). [25-2357, 25-2162] (JR) [Entered: 09/18/2025 02:51 PM] |
| Filing 66 ECF FILER: ELECTRONIC APPENDIX on behalf of Amicus Appellee Immigration Lawyers, Law Professors and Scholars in 25-2162, 25-2357. Certificate of service dated 09/18/2025 by ECF. [25-2162, 25-2357] (FM) [Entered: 09/18/2025 12:49 PM] |
| Filing 65 ECF FILER: ENTRY OF APPEARANCE from Xiangnong Wang on behalf of Amicus Curiae Knight First Amendment Institute at Columbia University. [25-2162, 25-2357] (XW) [Entered: 09/18/2025 12:41 PM] |
| Filing 64 TEXT ORDER (Clerk) directing Attorney Xiangnong Wang for Amicus Appellee Knight First Amendment Institute at Columbia University in 25-2162, 25-2357 to file an Entry of Appearance pursuant to L.A.R. 46.2. Due on or before 09/22/2025. [25-2162, 25-2357] (EAF) [Entered: 09/18/2025 10:43 AM] |
| Filing 63 TEXT ORDER (Clerk) directing Attorney Sarah H. Paoletti, Esq. for Proposed Amicus-Appellee International Law Professors in 25-2357 to file an Entry of Appearance pursuant to L.A.R. 46.2. Due on or before 09/22/2025. [25-2162, 25-2357] (EAF) [Entered: 09/18/2025 09:06 AM] |
| Filing 62 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits with Addendum attached (containing List of Amici) on behalf of Immigration Lawyers, Law Professors and Scholars in support of Appellee/Respondent. Certificate of Service dated 09/17/2025 by ECF. F.R.A.P. 29(a) Permission: YES. --[Edited 09/18/2025 by EAF - Appendix II requested to re-file separately with cover page] --[Edited 09/23/2025 by EAF - Appendix removed and re-filed Doc. # 91] [25-2162, 25-2357] (FM) [Entered: 09/17/2025 07:51 PM] |
| Filing 61 ECF FILER: Motion filed by Immigration Lawyers, Law Professors and Scholars to proceed as amicus on the merits in support of Appellee/Respondent. Certificate of Service dated 09/17/2025. --[Edited 09/18/2025 by EAF - Text edited to add party filers] [25-2162, 25-2357] (FM) [Entered: 09/17/2025 07:47 PM] |
| Filing 60 ECF FILER: ENTRY OF APPEARANCE from Fatma Marouf on behalf of Amicus Curiae IMMIGRATION LAWYERS, LAW PROFESSORS, AND SCHOLARS. [25-2162, 25-2357] (FM) [Entered: 09/17/2025 07:42 PM] |
| Filing 59 ECF FILER: AMENDED ELECTRONIC AMICUS BRIEF on the merits on behalf of Amici Curiae Scholars of Constitutional Law in support of Appellee/Respondent. Certificate of Service dated 09/17/2025 by ECF. F.R.A.P. 29(a) Permission: YES. [25-2162, 25-2357] (LSL) [Entered: 09/17/2025 05:35 PM] |
| Filing 58 ECF FILER: AMENDED ELECTRONIC AMICUS BRIEF on the merits on behalf of Habeas Scholars Marc D. Falkoff, Eric M. Freedman, Paul Halliday, Randy A. Hertz, Aziz Z. Huq, Lee Kovarsky, Joseph Margulies, Stephen I. Vladeck, and Larry Yackle in Support of Petitioner-Appellee in support of Appellee/Respondent. Certificate of Service dated 09/17/2025 by ECF. F.R.A.P. 29(a) Permission: YES. [25-2357, 25-2162] (JR) [Entered: 09/17/2025 05:00 PM] |
| Filing 57 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Habeas Scholars Marc D. Falkoff, Eric M. Freedman, Paul Halliday, Randy A. Hertz, Aziz Z. Huq, Joseph Margulies, Stephen I. Vladeck, and Larry Yackle in Support of Petitioner-Appellee in support of Appellee/Respondent. Certificate of Service dated 09/17/2025 by ECF. F.R.A.P. 29(a) Permission: YES. --[Edited 09/22/2025 by EAF - Attachment removed; See Corrected Brief (Doc # 83 in 25-2162)] [25-2357, 25-2162] (JR) [Entered: 09/17/2025 04:56 PM] |
| Filing 56 ECF FILER: ENTRY OF APPEARANCE from Jonathan Romberg on behalf of Amicus Curiae Habeas Scholars Marc D. Falkoff, Eric M. Freedman, Paul Halliday, Randy A. Hertz, Aziz Z. Huq, Joseph Margulies, Stephen I. Vladeck, and Larry Yackle in Support of Petitioner-Appellee. --[Edited 09/18/2025 by EAF - Requested to re-file; incorrect attachment] [25-2357, 25-2162] (JR) [Entered: 09/17/2025 04:54 PM] |
| Filing 55 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of 108 Colombia University and Bernard College Faculty Members in support of Appellee/Respondent. Certificate of Service dated 09/17/2025 by ECF. F.R.A.P. 29(a) Permission: YES. --[Edited 09/18/2025 by EAF - Text edited to include party filers] [25-2357, 25-2162] (LD) [Entered: 09/17/2025 04:52 PM] |
| Filing 54 ECF FILER: ENTRY OF APPEARANCE from Luna Droubi on behalf of Amicus Curiae On Behalf of 108 Columbia University and Barnard College Faculty Members. [25-2357, 25-2162] (LD) [Entered: 09/17/2025 04:49 PM] |
| Filing 53 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of 73 FAITH ORGANIZATIONS, CONGREGATIONS, AND FAITH LEADERS in support of Appellee/Respondent. Certificate of Service dated 09/17/2025 by ECF. F.R.A.P. 29(a) Permission: YES. [25-2162, 25-2357] (JR) [Entered: 09/17/2025 04:47 PM] |
| Filing 52 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Scholars of Constitutional Law in support of Appellee/Respondent. Certificate of Service dated 09/17/2025 by ECF. F.R.A.P. 29(a) Permission: YES. --[Edited 09/22/2025 by EAF - Attachment removed; See corrected amicus brief (Doc #84)] [25-2162, 25-2357] (LSL) [Entered: 09/17/2025 04:42 PM] |
| Filing 51 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Foundation for Individual Rights and Expression, National Coalition Against Censorship, The Cato Institute, The Rutherford Institute, Pen America, and First Amendment Lawyers Association in support of Appellee/Respondent. Certificate of Service dated 09/17/2025 by ECF. F.R.A.P. 29(a) Permission: YES. [25-2162, 25-2357] (RGL) [Entered: 09/17/2025 04:39 PM] |
| Filing 50 ECF FILER: ENTRY OF APPEARANCE from Lawrence S. Lustberg on behalf of Amicus Curiae Scholars of Constitutional Law. [25-2162, 25-2357] (LSL) [Entered: 09/17/2025 04:33 PM] |
| Filing 49 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of International Law Professors, Scholars, and Practitioners in support of Appellee/Respondent. Certificate of Service dated 09/17/2025 by ECF. F.R.A.P. 29(a) Permission: NO. [25-2162, 25-2357] (SHP) [Entered: 09/17/2025 04:31 PM] |
| Filing 48 ECF FILER: ENTRY OF APPEARANCE from Ronald G. London on behalf of Amicus Curiae Foundation for Individual Rights and Expression, National Coalition Against Censorship, The Cato Institute, The Rutherford Institute, Pen America, and First Amendment Lawyers Association. [25-2162, 25-2357] (RGL) [Entered: 09/17/2025 04:28 PM] |
| Filing 47 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Knight First Amendment Institute at Columbia University in support of Appellee/Respondent. Certificate of Service dated 09/17/2025 by ECF. F.R.A.P. 29(a) Permission: YES. [25-2162, 25-2357] (XW) [Entered: 09/17/2025 04:25 PM] |
| Filing 46 ECF FILER: Motion filed by International Law Professors, Scholars, and Practitioners to proceed as amicus on the merits in support of Appellee/Respondent. Certificate of Service dated 09/17/2025. [25-2162, 25-2357] (SHP) [Entered: 09/17/2025 04:22 PM] |
| Filing 45 ECF FILER: Request by Appellee Mahmoud Khalil in 25-2162, 25-2357 for Oral Argument. Certificate of Service dated 09/17/2025. Service made by ECF. [SEND TO MERITS PANEL] [25-2162, 25-2357] (RH) [Entered: 09/17/2025 04:11 PM] |
| Filing 44 ECF FILER: ENTRY OF APPEARANCE from Jessica L. Rofe on behalf of Amicus Curiae 73 Faith Organizations, Congregations, and Faith Leaders. [25-2162, 25-2357] (JR) [Entered: 09/17/2025 04:09 PM] |
| Filing 43 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Professor Kellen R. Funk in support of Appellee/Respondent. Certificate of Service dated 09/17/2025 by ECF. F.R.A.P. 29(a) Permission: YES. [25-2162, 25-2357] (DNC) [Entered: 09/17/2025 09:38 AM] |
| Filing 42 ECF FILER: ENTRY OF APPEARANCE from David N. Cinotti on behalf of Amicus Curiae Professor Kellen R. Funk. [25-2162, 25-2357] (DNC) [Entered: 09/17/2025 09:22 AM] |
| Filing 41 ECF FILER: ENTRY OF APPEARANCE from Kellen Funk on behalf of Amicus Curiae Professor Kellen R. Funk. [25-2357, 25-2162] (KF) [Entered: 09/17/2025 09:04 AM] |
| Filing 40 FULL COMPLIANCE RECEIVED. Hard copies of sealed appendix Volume VI received from Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State, Warden Elizabeth Contract Detention Facility, Appellee Mahmoud Khalil and Proposed Amicus-Appellant National Jewish Advocacy Center in 25-2162, 25-2357. [25-2162, 25-2357] (MS) [Entered: 09/15/2025 09:17 AM] |
| Filing 39 HARD COPY RECEIVED from Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2162, 25-2357 - SEALED Appendix Volume VI. Copies: 4. [25-2162, 25-2357] (MS) [Entered: 09/15/2025 09:15 AM] |
| Filing 38 SECOND TEXT ORDER (Clerk) directing Attorney Alanna Thanh Duong, Esq. for Appellants Secretary United States Department of State, President United States of America, Secretary United States Department of Homeland Security, Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement and Warden El/izabeth Contract Detention Facility in 25-2162, 25-2357 to submit 4 copies in white covers of sealed appendix Volume VI e-filed on 8/20/25. Due on or before 09/15/2025. [25-2162, 25-2357]. (MS) [Entered: 09/12/2025 12:11 PM] |
| Filing 37 HARD COPY RECEIVED from Appellee Mahmoud Khalil in 25-2162, 25-2357 - Brief. Copies: 7. [25-2162, 25-2357] (KEL) [Entered: 09/11/2025 04:51 PM] |
| Filing 36 ECF FILER: ELECTRONIC BRIEF on behalf of Appellee Mahmoud Khalil in 25-2357, 25-2162. Certificate of Service dated 09/10/2025 by ECF. [25-2357, 25-2162] (RH) [Entered: 09/10/2025 04:19 PM] |
| Filing 35 HARD COPY RECEIVED from Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2162, 25-2357 - Appendix Volumes I - V. Copies: 4. [25-2162, 25-2357] (MS) [Entered: 09/09/2025 09:06 AM] |
| Filing 34 PARTIAL COMPLIANCE RECEIVED. Hard copies of Appendix Volumes I - V received from Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2162, 25-2357. Four (4) copies of Sealed Appendix Volume VI must be also submitted. [25-2162, 25-2357] (MS) [Entered: 09/09/2025 09:04 AM] |
| Filing 33 TEXT ORDER (Clerk) directing Attorney Alanna Thanh Duong, Esq. for Appellants Secretary United States Department of State, President United States of America, Secretary United States Department of Homeland Security, Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement and Warden Elizabeth Contract Detention Facility in 25-2162, 25-2357 to submit 4 hard copies in white covers for the appendix e-filed on 8/20/25. Due on or before 09/08/2025. [25-2162, 25-2357] (MS) [Entered: 09/02/2025 02:29 PM] |
| Filing 32 HARD COPY RECEIVED from Proposed Amicus-Appellant National Jewish Advocacy Center in 25-2357 - Amicus Brief. Copies: 7. [25-2162, 25-2357]--[Edited 09/02/2025 by MS] (PAR) [Entered: 09/02/2025 10:20 AM] |
| Filing 31 COMPLIANCE RECEIVED. Corrected/complete brief received from Proposed Amicus-Appellant National Jewish Advocacy Center in 25-2162, 25-2357. [25-2162, 25-2357] (MS) [Entered: 08/29/2025 04:52 PM] |
| Filing 30 ECF FILER: CORRECTED ELECTRONIC AMICUS BRIEF on the merits on behalf of Proposed Amicus-Appellant National Jewish Advocacy Center in 25-2162 in support of Appellee/Respondent. Certificate of Service dated 08/29/2025 by ECF. F.R.A.P. 29(a) Permission: NO. [25-2162, 25-2357] (JBT) [Entered: 08/29/2025 03:47 PM] |
| Filing 29 TEXT ORDER (Clerk) directing Attorney Jason B. Torchinsky, Esq. for Proposed Amicus-Appellant National Jewish Advocacy Center in 25-2162, 25-2357 to file corrected complete amicus brief with signature page and all required certifications. Due on or before 09/02/2025. [25-2162, 25-2357] (MS) [Entered: 08/28/2025 09:31 AM] |
| Filing 28 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of National Jewish Advocacy Center ("NJAC") in support of Appellee/Respondent. Certificate of Service dated 08/27/2025 by ECF. F.R.A.P. 29(a) Permission: NO. [25-2162, 25-2357] - NONCOMPLIANT--[Edited 08/28/2025 by MS] (JBT) [Entered: 08/27/2025 07:40 PM] |
| Filing 27 ECF FILER: Motion filed by to file Brief of Amicus in Support of Respondents-Appellants out of time. Certificate of Service dated 08/27/2025. [25-2162, 25-2357] (JBT) [Entered: 08/27/2025 07:28 PM] |
| Filing 26 COMPLIANCE RECEIVED. Addendum to Brief containing Statement of Related Cases and identical certification and Motion to Seal Appendix Volume VI received from Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2162, 25-2357. [25-2162, 25-2357] (EAF) [Entered: 08/26/2025 09:25 AM] |
| Filing 25 HARD COPY RECEIVED from Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2162 - Brief. Copies: 7. Received: 11. [25-2162, 25-2357] (PAR) [Entered: 08/25/2025 04:13 PM] |
| Filing 24 ECF FILER: UNOPPOSED Motion filed by Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2162, 25-2357 to seal Appendix Volume VI. Certificate of Service dated 08/25/2025. Service made by ECF. [25-2162, 25-2357] (AD) [Entered: 08/25/2025 02:58 PM] |
| Filing 23 ECF FILER: ELECTRONIC ADDENDUM to BRIEF on behalf of Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State, Warden Elizabeth Contract Detention Facility and Appellee Mahmoud Khalil in 25-2162, 25-2357 containing Statement of Related Cases and identical certification. Certificate of Service dated 08/25/2025 by ECF. [25-2162, 25-2357] (AD) [Entered: 08/25/2025 02:57 PM] |
| Filing 22 TEXT ORDER (Clerk) directing Alanna Thanh Duong, Esq. for ALL Appellants in 25-2162, 25-2357 to file an Addendum to Brief containing the Statement of Related Cases and identical certification omitted from the Appellant's Brief filed on 8/20/25 (in electronic and hard copy format - 7 blue hard copies) AND fie a motion to file Appendix Volume VI under Seal. Due on or before 08/25/2025. --[Edited 08/21/2025 by EAF - Text edited to include further direction of the Court] [25-2162, 25-2357] (EAF) [Entered: 08/21/2025 02:13 PM] |
| Filing 21 ECF FILER: ELECTRONIC BRIEF on behalf of Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2162, 25-2357. Certificate of Service dated 08/20/2025 by ECF. [25-2162, 25-2357] (DYS) [Entered: 08/20/2025 04:35 PM] |
| Filing 20 ECF FILER: SEALED ELECTRONIC JOINT APPENDIX Volume VI on behalf of Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2162, 25-2357. Certificate of Service dated 08/20/2025 by ECF. --[Edited 08/21/2025 by EAF - Text edited to specify volume] [25-2162, 25-2357] (AD) [Entered: 08/20/2025 03:24 PM] |
| Filing 19 ECF FILER: ELECTRONIC JOINT APPENDIX Volumes I - V on behalf of Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2162, 25-2357. Certificate of service dated 08/20/2025 by ECF. --[Edited 08/21/2025 by EAF - Text edited to specify volumes] [25-2162, 25-2357] (AD) [Entered: 08/20/2025 03:22 PM] |
| Filing 18 TEXT ORDER (Clerk) At the direction of the Court, the joint motion to enlarge the parties' briefs is granted. [25-2162, 25-2357] (AV) [Entered: 08/19/2025 02:31 PM] |
| Filing 17 ECF FILER: JOINT Motion filed by Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2162, 25-2357 to accept The parties' briefs (opening, answering, and reply briefs) that is Requesting enlargement in the word count. Certificate of Service dated 08/15/2025. Service made by ECF. [25-2162, 25-2357] (DYS) [Entered: 08/15/2025 04:05 PM] |
| Filing 16 PER CURIAM ORDER (HARDIMAN, BIBAS and FREEMAN, Circuit Judges) Appellants' motion to stay pending appeal the District Court's June 20, 2025, Order that Appellee shall be released from immigration custody is DENIED. Appellee's motion to dismiss Appeal No. 25-2357 for lack of jurisdiction is referred to the merits panel pursuant to 3d Cir. I.O.P. 10.3.5. Appellants' motion to stay pending appeal the District Court's July 17, 2025, Order is GRANTED IN PART AND DENIED IN PART. The District Court's Order is stayed only insofar as it requires Appellants to cause the Immigration Judge to consider Appellee's request for waiver of removability. Appeal Nos. 25-2162 and 25-2357 are consolidated for all purposes, including briefing and disposition. The Court issues the following briefing schedule for the consolidated appeals: Appellants shall file their Brief and the parties Joint Appendix on or before August 20, 2025. Appellee shall file his Brief on or before September 10, 2025. Appellants shall file their Reply Brief, if any, on or before September 24, 2025. The consolidated appeals will be submitted to a merits panel on October 20, 21, or 22, 2025. The parties are expected to adhere to the briefing schedule. Extensions of time, even if limited in duration, will not be granted absent extraordinary circumstances. The parties are reminded that the deadline for filing a brief is 5:00 pm ET if the brief is submitted on the last day for filing. [25-2162, 25-2357]--[Edited 07/30/2025 by JK] (JK) [Entered: 07/30/2025 05:58 PM] |
| Filing 15 ECF FILER: Reply by Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2162, 25-2357 in support of motion to stay the District Court's July 17, 2025 order pending appeal. Certificate of Service dated 07/30/2025. Service made by ECF. [SEND TO MERITS PANEL] [25-2162, 25-2357] (AD) [Entered: 07/30/2025 02:47 PM] |
| Filing 14 ECF FILER: Response filed by Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2162, 25-2357 in opposition to motion to dismiss for lack of jurisdiction. Certificate of Service dated 07/30/2025. [SEND TO MERITS PANEL] [25-2162, 25-2357]--[Edited 07/30/2025 by JK] (AD) [Entered: 07/30/2025 02:45 PM] |
| Filing 12 TEXT ORDER (Clerk) [25-2357, 25-2162] At the direction of the Court, Appellant's deadline for filing a response to Appellee's motion to dismiss has been changed. The response is now due NO LATER than 3:00 pm ET on Wednesday, July 30, 2025. (PD) [Entered: 07/29/2025 12:18 PM] |
| Filing 11 TEXT ORDER (Clerk) directing the Appellants to file a response to Appellee's motion to dismiss the appeal at No. 25-2357 for lack of jurisdiction. The response shall be filed by 5:00 pm ET on Wednesday, July 30, 2025. [25-2357, 25-2162] (PD) [Entered: 07/29/2025 11:25 AM] |
| Filing 10 ECF FILER: Response filed by Appellee Mahmoud Khalil to Appellants' emergency motion to stay the District Court's July 17, 2025 order pending appeal. Certificate of Service dated 07/28/2025. [25-2162, 25-2357] (BMK) [Entered: 07/28/2025 11:41 PM] |
| Filing 9 ECF FILER: Motion filed by Appellee Mahmoud Khalil to dismiss case No. 25-2357 for lack of jurisdiction. Certificate of Service dated 07/28/2025. Service made by ECF. [SEND TO MERITS PANEL] [25-2162, 25-2357]--[Edited 07/30/2025 by JK] (RK) [Entered: 07/28/2025 11:37 PM] |
| Filing 8 ECF FILER: ENTRY OF APPEARANCE from Kyle Barron on behalf of Appellee(s) Mahmoud Khalil. [25-2162, 25-2357] (KB) [Entered: 07/28/2025 01:11 PM] |
| Filing 7 TEXT ORDER (Clerk): Any response to the appellants' motion to stay the district court's July 17, 2025, order must be filed by 11:59 p.m. on Monday, July 28, 2025. [25-2357, 25-2162] (RFH) [Entered: 07/26/2025 08:06 AM] |
| Filing 6 ECF FILER: Motion filed by Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2357, 25-2162 to stay the district court's July 17 order pending appeal with relief requested by July 31, 2025. Certificate of Service dated 07/25/2025. Service made by ECF. [25-2357, 25-2162] (AD) [Entered: 07/25/2025 09:18 PM] |
| Filing 5 ECF FILER: Motion filed by Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in 25-2162, 25-2357 to stay the district court's July 17 order pending appeal with relief requested by July 31, 2025. Certificate of Service dated 07/25/2025. Service made by ECF. [25-2162, 25-2357] (AD) [Entered: 07/25/2025 09:07 PM] |
| Filing 4 CLERK ORDER The appeals are hereby consolidated for all purposes. All motions, briefs, and other filings related to both appeals must be electronically filed on both dockets on the Court's electronic case filing (ECF) system. As stated in No. 25-2162, the parties' filings in that appeal will be available for remote electronic access. The filings in 25-2357 will likewise be available for remote electronic access. If any party believes this Court should limit remote electronic access, they must promptly notify the Court in writing. [25-2162, 25-2357] (TMM) [Entered: 07/18/2025 04:12 PM] |
| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (TMM) [Entered: 07/18/2025 04:05 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (TMM) [Entered: 07/18/2025 04:04 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants Attorney General United States of America, Director New York Field Office Immigration and Customs Enforcement, Director United States Immigration and Customs Enforcement, President United States of America, Secretary United States Department of Homeland Security, Secretary United States Department of State and Warden Elizabeth Contract Detention Facility in District Court No. 2:25-cv-01963. (TMM) [Entered: 07/18/2025 04:01 PM] |
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