A federal judge ruled this week that the government could not continue to hold the Columbia University graduate under the rarely invoked law it originally used to detain him.

Mahmoud Khalil’s hopes of being freed on bond as he continues fighting the Trump administration’s efforts to deport him were dashed Friday, despite a judge saying the government could no longer hold Khalil on the premise that his presence in the country is against the national interest.

The judge ruled earlier this week that Marco Rubio’s grounds for Khalil’s detainment were likely insufficient and unconstitutional.