Internal Records Reveal Fast-Tracked Deportation Case Against Activist

The Board of Immigration Appeals (BIA), theoretically an independent body within the Department of Justice, issued a ruling on April 9 clearing the path for Khalil’s removal. Records obtained by The New York Times indicate that the agency treated the case as a high priority even before it was formally received. Internal notes from June and October directed staff to process the matter as quickly as possible, specifically instructing that it be handled as if Khalil were still in detention, despite his release.

Homero López, a BIA appointee who was later terminated under the Trump administration, called the nine-day turnaround from final paperwork to decision an "insane" timeline for a case involving complex legal issues. Compounding these irregularities, at least three judges recused themselves from the proceedings. Former board judge Andrea Sáenz noted that such frequent recusals in a single case raise significant questions regarding the initial handling of the matter.

Khalil’s legal team continues to challenge the decision, which relies on a determination by Secretary of State Marco Rubio that the activist’s speech threatened U.S. foreign policy. While the BIA ruling remains in effect, a separate habeas corpus case currently active in federal courts prevents the immediate execution of the deportation order. Lead attorney Marc Van Der Hout maintains that the administrative record lacks substance, arguing the entire process appears to have been directed by executive-level officials from its inception.