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re: Palestinian activist Mahmoud Khalil will remain in ICE detention in Louisiana

Posted on 3/12/25 at 2:35 pm to
Posted by Pandy Fackler
Member since Jun 2018
21114 posts
Posted on 3/12/25 at 2:35 pm to
quote:

don't we have enough native born criminals without having this aloha snackbar jackass be a drain on our resources?



Has he been charged with a crime? Prior to his ICE detainment, were there legal charges pending against him? If so, can you link them? I'd like to read about his criminal charges.
Posted by riccoar
Arkansas
Member since Mar 2006
5132 posts
Posted on 3/12/25 at 2:35 pm to
quote:

He should be deported immediately


How about to a hotbed location in Syria and then let's utilize a drone strike.
Posted by TBoy
Kalamazoo
Member since Dec 2007
28596 posts
Posted on 3/12/25 at 2:37 pm to
quote:

I believe this is what he violated and why they should be able to revoke his visa and send him packing. It’s part of Admission Qualifications for Aliens; Travel Control of Citizens and Aliens

The statutory provision you cited certainly can be read to have made the student inadmissible for his visa had he engaged in the activity before he arrived in the United States:

quote:

8 U.S.C. § 1182 Inadmissible aliens
(a) Classes of aliens ineligible for visas or admission

Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
***
(3) Security and related grounds
***
(B) Terrorist activities
(i) In general
Any alien who--
***
(VII) endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization;

But it isn't clear that that can be invoked as a ground to forfeit his permanent residency and support removal.

I'm sure we will hear more about the legal specifics when he has his hearing.
Posted by Pandy Fackler
Member since Jun 2018
21114 posts
Posted on 3/12/25 at 2:38 pm to
quote:

I have asked this question multiple times without an answer but how exactly does a federal judge in New York have any type of jurisdiction over somebody who is currently in Louisiana

I would've walked into the judges courtroom and told him he does not have jurisdiction and no order he enters is valid and when he entered an order I would've immediately appealed it and continued my process in Louisiana to get them removed from the c Country


Well since you would do that, I wonder why ICE or Donald Trump's State Department hasn't. It seems simple enough, doesn't it.
This post was edited on 3/12/25 at 2:42 pm
Posted by Hangit
The Green Swamp
Member since Aug 2014
46866 posts
Posted on 3/12/25 at 2:42 pm to
quote:

He has the right to sit in front of an immigration judge, prior to deportation.


Why not have him Zoom with one, instead of this NY judge stumbling all around the case, prolonging the inevitable as long as possible.
Posted by AaronDeTiger
baton rouge
Member since Jun 2014
2380 posts
Posted on 3/12/25 at 2:43 pm to
Dude's gonna be on a terror watch list the rest of his life.
Posted by lionward2014
New Orleans
Member since Jul 2015
14073 posts
Posted on 3/12/25 at 2:49 pm to
Link to Notice to Appear

Here is a link to his charging document (Notice to Appear).

The relevant case law on the matter is Matter Ruiz-Massieu which says:

quote:

(1) In order to establish deportability under section 241(a)(4)(C)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1251(a)(4)(C)(i) (1994), the Immigration and Naturalization Service has the burden of proving by clear, unequivocal, and convincing evidence that the Secretary of State has made a facially reasonable and bona fide determination that an alien’s presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States.

(2) A letter from the Secretary of State conveying the Secretary’s determination that an alien’s presence in this country would have potentially serious adverse foreign policy consequences for the United States, and stating facially reasonable and bona fide reasons for that determination, is presumptive and sufficient evidence that the alien is deportable under section 241(a)(4)(C)(i) of the Act, and the Service is not required to present additional evidence of deportability.

(3) The Government is not required to permit an alien who is deemed to be deportable under section 241(a)(4)(C)(i) of the Act to depart the United States voluntarily prior to the initiation of deportation proceedings where the alien’s presence is pursuant to his voluntary decision to enter or seek admission to this country. Matter of Badalamenti, 19 I&N Dec. 623 (BIA 1988); Matter of Yam, 16 I&N Dec. 535 (BIA 1978); and Matter of C-C-, 3 I&N Dec. 221 (BIA 1948), distinguished.


Link to Matter of Ruiz-Massieu

With that said there is an exception that says:
quote:

(iii) Exception for other aliens
An alien, not described in clause (ii), shall not be excludable or subject to restrictions or conditions on entry into the United States under clause (i) because of the alien's past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States, unless the Secretary of State personally determines that the alien's admission would compromise a compelling United States foreign policy interest.


As an LPR he has a protected right to free speech under the 1st. That is a statement of law, not opinion. The determination will be if ICE can convince an Immigration Judge his protected speech was so bad that it would compromise a compelling US foreign policy interest.

I would think that is a long shot, but I don't really know fully what he was publishing/saying at Columbia nor if he has done things like met with Hamas leaders. IJ's do give DHS tons of defernce though. I also don't see any IJ in Jena taking a stand here and telling them they failed to carry their burdern. I expect this to go to the BIA, 5th Circuit, and SCOTUS.
This post was edited on 3/12/25 at 2:59 pm
Posted by bengalman
In da Country
Member since Feb 2007
4136 posts
Posted on 3/12/25 at 2:50 pm to
Revoke and Remove!

Posted by Pandy Fackler
Member since Jun 2018
21114 posts
Posted on 3/12/25 at 2:50 pm to
quote:

Why not have him Zoom with one, instead of this NY judge stumbling all around the case, prolonging the inevitable as long as possible.


I don't know, zoom away.

And what makes his deportation inevitable? Since all this started, I've actively looked for something, anything that says this guy committed a crime or openly supported a terrorist organization. I'll take any link anybody can cough up, reputable, disreputable, obscure, left, right or whatever else.

So far, i can't find anything that rises above general disturber of the peace and frickin' loud mouth. I'm pro-deportation all the way, but personally I would like to see something first that meets that threshold.
Posted by dafif
Member since Jan 2019
8440 posts
Posted on 3/12/25 at 3:20 pm to
quote:

Well since you would do that, I wonder why ICE or Donald Trump's State Department hasn't.


In a seriousness- I can't imagine how this judge has jurisdiction and I am not an attorney for the government but I have told judges they do not have jurisdiction on matters - did it last week
Posted by Pandy Fackler
Member since Jun 2018
21114 posts
Posted on 3/12/25 at 3:36 pm to
quote:

As an LPR he has a protected right to free speech under the 1st. That is a statement of law, not opinion. The determination will be if ICE can convince an Immigration Judge his protected speech was so bad that it would compromise a compelling US foreign policy interest.

I would think that is a long shot, but I don't really know fully what he was publishing/saying at Columbia nor if he has done things like met with Hamas leaders. IJ's do give DHS tons of defernce though. I also don't see any IJ in Jena taking a stand here and telling them they failed to carry their burdern. I expect this to go to the BIA, 5th Circuit, and SCOTUS.


To the emboldened parts. You're correct on the first assertion.

To the second part. Neither do I. This guy was a high profile face in this campus movement and had alot to say. One would think there would be video, audio or some link somewhere telling or showing us that he incited violence against Jews, abused them, violated their rights or openly supported Hamas. I can't find it.

Posted by BBONDS25
Member since Mar 2008
59474 posts
Posted on 3/12/25 at 3:39 pm to
quote:

openly supported a terrorist organization.


Is Hamas a terrorist organization?
Posted by GeauxBurrow312
Member since Nov 2024
6271 posts
Posted on 3/12/25 at 3:44 pm to
Yes, it’s been recognized as one for a long time. It’s not arguable, it is a legal designation
Posted by lionward2014
New Orleans
Member since Jul 2015
14073 posts
Posted on 3/12/25 at 3:46 pm to
quote:

One would think there would be video, audio or some link somewhere telling or showing us that he incited violence against Jews, abused them, violated their rights or openly supported Hamas


The interesting part of this is even assuming he publically said "I stand with Hamas" does that meet this:

quote:

Secretary of State has made a facially reasonable and bona fide determination that an alien’s presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States.


How does a random college student supporting a terrorist group have a "serious adverse foreign policy consequence for the US?"

I've said from the beginning they jumped the gun on this. Should have arrested him for a crime that makes him deportable and use that ground as the basis to revoke his LPR status after they got a conviction/plea.
This post was edited on 3/12/25 at 3:48 pm
Posted by Pandy Fackler
Member since Jun 2018
21114 posts
Posted on 3/12/25 at 3:54 pm to
quote:

quote:
One would think there would be video, audio or some link somewhere telling or showing us that he incited violence against Jews, abused them, violated their rights or openly supported Hamas


The interesting part of this is even assuming he publically said "I stand with Hamas" does that meet this:

quote:
Secretary of State has made a facially reasonable and bona fide determination that an alien’s presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States.



How does a random college student supporting a terrorist group have a "serious adverse foreign policy consequence for the US?"

I've said from the beginning they jumped the gun on this. Should have arrested him for a crime that makes him deportable and use that ground as the basis to revoke his LPR status after they got a conviction/plea.


I completely agree with the entire post, but to the emboldened part. I can't find one single thing anywhere showing he supported Hamas. Maybe he did, in fact he probably did. If so, somebody show me.

I haven't seen one single thing that in my opinion rises to the point of deportation. Being Anti-Israel and pro-Palestinian isn't good enough.
Posted by BBONDS25
Member since Mar 2008
59474 posts
Posted on 3/12/25 at 3:56 pm to
quote:

Yes, it’s been recognized as one for a long time. It’s not arguable, it is a legal designation


That’s what I thought. It’s why I was confused by the poster saying he could find no evidence of him vocalizing support for a terrorist organization.
Posted by Pandy Fackler
Member since Jun 2018
21114 posts
Posted on 3/12/25 at 3:56 pm to
quote:

Yes, it’s been recognized as one for a long time. It’s not arguable, it is a legal designation


It's strange how some people don't know Hamas is a US designated terrorist organization.
Posted by JimEverett
Member since May 2020
2417 posts
Posted on 3/12/25 at 3:57 pm to
A student/former student who helped organize protests that took over buildings, sections of campus, blocked students from attending class, harassed students on the basis of ethnicity and religion can have serious foreign policy consequences.

And the bar is not high. It requires that the Sec. of State has a facially reasonable and bona fide determination. That is not "beyond a reasonable doubt" or even more likely than not. It is more on the level of probable cause.
Posted by GeauxBurrow312
Member since Nov 2024
6271 posts
Posted on 3/12/25 at 4:01 pm to
People also don’t know that POTUS had to put the Houthis back on the terror list because Slow Joe took them off… despite the houthis spending over a year bombing civilian ships and grounded Suez Canal traffic to a stop,
Posted by GeauxBurrow312
Member since Nov 2024
6271 posts
Posted on 3/12/25 at 4:04 pm to
It’s not being mentioned enough that this mother fricker is 30 years old. What is he doing going into undergrad classes he does not attend, disrupting the education people are spending close to 100k a year on. Barnard is also a women’s college - why was he there?
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