Activist Seeks Recusal of Ex-DOJ Official From Appeal Panel

Mahmoud Khalil, fighting deportation, wants judge with prior Justice Dept. role removed from case.

Apr. 2, 2026 at 10:18pm

Got story updates? Submit your updates here. ›

A dimly lit, cinematic painting of a solitary government office space with a lone desk and chair, bathed in warm, diagonal sunlight and deep shadows, conceptually representing the complex issues at the heart of this political case.The quiet, somber atmosphere of a government office space reflects the weighty implications of this case on the intersection of immigration, free speech, and judicial independence.Philadelphia Today

Lawyers for Mahmoud Khalil, a former Columbia University graduate student fighting deportation, have asked Judge Emil Bove to step aside from an appellate panel that could weigh in on his case. Khalil's lawyers cited Bove's previous role as a top Justice Department official involved in investigating student protesters, including at Columbia.

Why it matters

This case highlights concerns about potential conflicts of interest when former government officials take on judicial roles, especially in high-profile cases involving political activism and immigration enforcement.

The details

Khalil's lawyers argued that Bove's past work directing immigration enforcement investigations against student protesters, including at Columbia, creates a conflict of interest that should disqualify him from hearing Khalil's appeal. Bove previously acknowledged his DOJ role could lead to conflicts, but the Justice Department deferred to Bove on the recusal decision.

  • In February 2025, Bove co-authored a DOJ memo on a task force to investigate 'Hamas supporters' on college campuses.
  • In January 2026, a 3-judge 3rd Circuit panel ruled against Khalil, putting the Trump administration closer to detaining and deporting him.

The players

Mahmoud Khalil

A former Columbia University graduate student fighting deportation over his pro-Palestinian activism and criticism of Israel.

Judge Emil Bove

A 3rd Circuit Court of Appeals judge who previously served as the Justice Department's Principal Associate Deputy Attorney General, overseeing immigration enforcement investigations of student protesters.

Got photos? Submit your photos here. ›

What they’re saying

“Bove's immigration enforcement work 'demonstrates the existence, or at least the appearance of, a conflict of interest' that should disqualify him from having a say in Khalil's appeal.”

— Khalil's lawyers

What’s next

The decision on whether Bove will recuse himself is up to Bove himself.

The takeaway

This case raises questions about the potential for conflicts of interest when former government officials take on judicial roles, especially in cases involving political activism and immigration enforcement that were part of their prior government work.