NEW YORK (AP) — Legal representatives for Mahmoud Khalil, a former Columbia University graduate student embroiled in a deportation battle, are calling for Judge Emil Bove to recuse himself from the appellate panel examining his case. They allege that Bove's prior involvement as a senior official at the Justice Department, which oversaw investigations into student protests, creates a conflict of interest.

Khalil's lawyers submitted this request following a January ruling from a three-member panel of the 3rd Circuit Court of Appeals, which positioned the Trump administration closer to detaining Khalil, who is known for his pro-Palestinian activism.

According to Khalil's team, Bove's direction of immigration policy during his tenure at the Justice Department adds to the perceived biases in his current judicial role. The judge has been part of the appeals court since September, previously serving as one of Trump's legal advisors on various criminal matters, including cases related to the hush-money scandal.

Bove's role appears to be under scrutiny as his recusal could significantly affect Khalil's ongoing legal challenges against his deportation, which the activist claims stem from his advocacy for Palestinian rights.

Despite these developments, the Justice Department, representing the government in Khalil's appeal, reportedly sees no grounds for Bove's recusal but has deferred to the judge’s decision. Khalil, a legal permanent resident, has been accused of associating with activities related to Hamas, although no criminal charges have been filed against him.

Khalil, who has been fighting against deportation since his arrest—making headlines as the first of several activists targeted under the Trump administration's crackdown on dissent—has criticized the ongoing accusations as unfounded. He has also highlighted that the legal struggles he faces directly relate to his rights to free speech regarding U.S. foreign policy in the Middle East.

The situation remains fluid, with Khalil asserting that his opposition to violence in Gaza and his calls for a free Palestine should not result in deportation, echoing broader concerns about the chilling effects of government actions on civil liberties.