Mahmoud Khalil was denied release on Friday by a judge who, earlier in the week, had rejected the Trump administration’s main legal basis for seeking to deport and detain the pro-Palestinian activist.

A federal judge has ruled that the government cannot deport and must release Mahmoud Khalil, the student whom the Trump administration jailed over his participation in pro-Palestinian demonstrations at Columbia University.

Khalil has been detained since he was arrested in March. The government has argued that the secretary of state can “personally determine” whether he should remain in the country.