09/25/2026
The BIA denied Mahmoud Khalil's motion to reopen his removal case today. The decision is a warning to every immigration attorney bringing due process challenges.
In Matter of M-K-, 30 I&N Dec. 84 (BIA 2026), decided today, the Board of Immigration Appeals denied Mahmoud Khalil's motion to reopen, rejecting his arguments that recusals by Appellate Immigration Judges, expedited docketing, and broader institutional bias at the Executive Office for Immigration Review denied him a fair hearing.
Three features of the decision warrant attention beyond the ruling itself:
First, the BIA constructed an evidentiary framework for discounting news reporting, citing the AllSides Media Bias Chart, a private-sector media rating website, as authority. Federal appellate opinions rarely cite media bias rating sites in this way.
Second, the BIA explicitly defended its own recent restructuring, including the reduction of the Board from 28 to 15 members, and cited a 5.1% federal circuit reversal rate as evidence its decisions are "generally legally correct." That framing overreads what a low reversal rate actually shows.
Third, the BIA warned that arguments made by Mahmoud's attorney (Marc Van Der Hout, one of the most respected immigration attorneys in the country) may "potentially" violate professional responsibility rules governing statements about judges. That warning creates a chilling effect on advocacy in high-profile cases.
Mahmoud's federal court litigation continues. A petition for certiorari is pending at the Supreme Court.
Full analysis on https://hubs.ly/Q04ymPy50.