Activist Mahmoud Khalil wants ex-Justice Department official off panel of judges weighing his appeal

Mahmoud Khalil’s lawyers are asking a federal appeals judge to step aside from a panel that could hear his deportation case, raising a new legal fight in the closely watched immigration dispute.

According to AP, Khalil’s legal team wants Judge Emil Bove, a former senior Justice Department official, off the panel because of his previous role in immigration enforcement. The lawyers argue that Bove’s prior work creates at least the appearance of a conflict in a case involving student protesters and government immigration actions.

The Justice Department said it sees no basis for recusal, though it deferred to Bove on the decision.

The request comes as Khalil’s case continues through the U.S. Court of Appeals for the 3rd Circuit. His lawyers have also asked the full appeals court to reconsider an earlier ruling that could allow the government to re-detain him.

The recusal issue adds another layer to an already contentious case that has drawn attention from civil liberties groups and immigration advocates. The immediate question now is whether Bove will remain on the panel if the case moves forward.