An immigration judge ordered that a former pro-Palestinian activist at Columbia University, Mahmoud Khalil, be deported to either Algeria or Syria for not disclosing certain information on his green card application.
“This Court further finds that the Respondent understood the consequences and that the candid disclosure of his affiliations might lead to an additional line of questioning and the ultimate denial of his application for conditional permanent residency. This Court finds that Respondent’s lack of candor on his I-485 was not an oversight by an uninformed, uneducated applicant. This Court finds that the Respondent’s purposeful, non-disclosure was not a misrepresentation by another which imputed consequences to the Respondent,” immigration judge Jamee Comans said in her order.
“Rather, this Court finds that Respondent willfully misrepresented material fact(s) for the sole purpose of circumventing the immigration process and reducing the likelihood his application would be denied,” Comans said. “This Court cannot and will not condone such an action by granting a discretionary waiver. To do so, would encourage future applicants to take the gamble of materially misrepresenting facts and then seeking a waiver if it is somehow discovered by the U.S. government.“
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The Hill has reached out to the Department of Homeland Security for comment.
“It is no surprise that the Trump administration continues to retaliate against me for my exercise of free speech. Their latest attempt, through a kangaroo immigration court, exposes their true colors once again,” Khalil, a former Columbia University graduate student, said in a statement to multiple news outlets.
Khalil’s legal team said it will challenge the latest decision by Comans by appealing to New Jersey federal judge Michael Farbiarz.
Farbiarz ruled in June that Khalil, a green card holder who was first detained as part of President Trump’s immigration crackdown in March, be released. As part of the release, Khalil, who was born in Syria and is Palestinian, had to surrender his passport and travel documents.
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Comans’ ruling came on Sept. 12. Khalil’s legal team said they have 30 days from Comans’ ruling to appeal to the Board of Immigration Appeals.
“In light of the above, and given statements targeting Petitioner by name for retaliation and deportation made by the President and several senior U.S. government officials, undersigned counsel have ample reason to expect that the BIA process—and an affirmance of the IJ’s determination—will be swift,” Baher Azmy, Khalil’s attorney, said in a letter to Farbiarz.
Apart from the case in New Jersey, Khalil has a pending case in Philadelphia.
After being detained in March, alleging his presence was a threat to the U.S.’s foreign policy, Khalil was in a detention facility in Louisiana for over three months. During that period, Khalil missed the birth of his first child.
