Updated Schedule, On Mr. Khalil's NJ Habeas Case -- Noem Is NOT Allowed To Move To Remove Him.

Mr. Khalil remains free -- but even after appeals that did not break her way, Kristi Noem is still trying to find an immigration court "judge" (i.e., not an Article III independent judicial officer -- just an administration employee) to declare that he may be removed from the US, despite papers preventing the same.

Here's the latest, after the Third Cir. opinion -- on what's due up, next in the real US District Courts:

. . .Immigration Proceedings:

Following the Third Circuit’s January 15 panel decision, the BIA issued a notice stating that a briefing schedule would be set “forthwith.” 1 Ex. B. Shortly thereafter, Mr. Khalil filed a notice requesting that the BIA defer setting a briefing schedule until January 20 to allow the parties an opportunity to meet and confer. Ex. C. On January 16, the BIA issued two briefing schedules. The first ordered sequential briefing, allotting twenty-one days for Mr. Khalil’s opening brief and twenty-one days for the government’s opposition. Ex. D. Later that day, the BIA issued a second revised schedule requiring simultaneous briefing by both parties -- due within twenty-one days of the Third Circuit’s panel decision -- by February 6, 2026. Ex. E. 2. The parties then conferred and filed a joint motion seeking a revised briefing schedule consistent with their agreement before this Court at the November 14, 2025, conference. Ex. F; see ECF 413, Tr. 4:1-5:3. On January 31, 2026, the BIA granted the joint motion and issued a third revised briefing schedule. Ex. G. Under the current BIA schedule, Petitioner’s opening brief is due March 2, 2026, and the government’s opposition brief is due March 23, 2026. . . .

Shared Understanding Of The Status Quo Following The Third Circuit Panel Decision:

Petitioner intends to file a petition seeking rehearing or rehearing en banc of the Third Circuit panel decision. See Khalil v. Trump, 3d Cir. No. 25-2162, ECF 135. The parties share the understanding that the district court’s existing orders -- including the bail order prohibiting detention (ECF No. 316), the preliminary injunction orders (ECF Nos. 214, 272, 299, 355), and the All Writs Act order staying removal (ECF No. 81) -- remain in effect, including during the pendency of en banc proceedings, unless and until the Third Circuit mandate issues. The government has further confirmed its understanding that these district court orders remain in effect unless and until the Third Circuit mandate issues, even if the BIA were to issue a final order of removal.

Dated: February 4, 2026. . . .

Now you know -- and we do feel for Lindsey Vonn -- at 41, that was probably her last shot at it. But she went out, doing what she loves to do. We will keep a good thought that she will be up on two legs, and healthy -- in about a year.

नमस्ते