NEW YORK (AP) — Mahmoud Khalil, a Columbia University graduate student, continues his fight against deportation, claiming his rights to free speech were violated due to his pro-Palestinian activism. His legal team is now seeking Judge Emil Bove's recusal, arguing that his previous role in the Trump administration overseeing immigration enforcement creates a conflict of interest.


Khalil’s attorneys filed the request as they contest a recent ruling from the 3rd U.S. Circuit Court of Appeals that edges the Trump administration closer to detaining and deporting him. They assert that Bove’s past collaboration with investigations targeting student protesters at Columbia compromises his ability to impartially adjudicate Khalil's appeal.


Bove has been serving as a judge since September, following a career including notable cases involving then-President Trump. Meanwhile, the Justice Department has expressed its position that there is no basis for recusal while affirming its deference to Judge Bove's discretion.


This dispute arises amidst Khalil's ongoing battle against the government's claims against him, which he vehemently insists are unfounded. Khalil, who was born to a Palestinian family in Syria, asserts that his arrest and subsequent detainment reflect his exercise of free speech, voicing his perspectives on the injustices in Gaza.


The case has not only localized discussions about immigration and free speech but potentially redefined the legal protections afforded to activists speaking out against government policies affecting foreign engagements. Khalil currently remains in the U.S. with his wife, who is a citizen, and their young son while he continues to challenge the various legal hurdles presented by the case.