A judge ordered the deportation of former student activist Mahmoud Khalil on Wednesday.

Louisiana immigration judge Jamee Comans denied Khalil’s multiple applications for asylum and a stay of his removal, ordering the government to send the Ivy League graduate to either Algeria or Syria. Khalil was arrested earlier this year and held in a Louisiana detention facility for months, missing the birth of his son.

In June, Judge Michael Farbiarz ordered Khalil’s release, saying that it was “highly unusual” to seek detention on the threat to foreign policy rationale. In ordering his immediate deportation, Comans cited a memo from Secretary of State Marco Rubio that called Khalil a threat to U.S. foreign policy interests. Unlike Farbiarz, a federal judge, Comans is not a part of the judiciary. I

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