A federal appeals court on Thursday threw out a lower court’s June order to release Palestinian activist Mahmoud Khalil from detention, triggering questions among his supporters about whether the government can immediately re-detain Khalil for deportation.

In short, Khalil is safe from further detention — for about a month and a half, his legal team told The Intercept. Khalil is fighting two separate legal battles: one in federal court, and the second in immigration court.

“We understand there’s a lot of concern about whether ICE can go pick him up again right now,” said Brett Max Kaufman, an attorney with the American Civil Liberties Union and member of Khalil’s legal team. “Before the appeals process is over, that cannot happen.”