A U.S. District Judge in Newark, New Jersey, has ruled that Columbia University student Mahmoud Khalil can continue challenging his arrest by immigration authorities in New Jersey, not Louisiana, where he is currently being held. The decision, made by Judge Michael Farbiarz on Tuesday, ensures that Khalil’s case will be heard by the 3rd U.S. Circuit Court of Appeals, which has an equal split of judges appointed by both Republican and Democratic presidents. This is in contrast to the 5th U.S. Circuit Court of Appeals, the most conservative appeals court in the country.
The Justice Department has not responded to requests for comment. Khalil’s case has drawn attention as a test of former President Donald Trump’s efforts to deport pro-Palestinian activists who have not committed crimes. His lawyers argue that the Trump administration targeted him because of his political views and involvement in student protests. The government claims that Khalil, 30, and other foreign students who participated in the protests are damaging U.S. foreign policy.
Khalil, a legal permanent resident born in a Palestinian refugee camp in Syria, was arrested on March 8 in Manhattan. He spent several hours in a New Jersey detention facility, prompting his defense team to argue that New Jersey is the proper jurisdiction for his case. However, government lawyers insisted that legal challenges, known as habeas corpus petitions, must be filed in the district where the detainee is held.
Judge Farbiarz ruled that an exception to this rule applies when the detainee’s location is unknown, stating that if this exception were not applied, Khalil could not challenge his detention in any court. He also mentioned that Khalil’s lawyers had been informed that he was being transferred to Louisiana after his arrest in New Jersey.
In addition to challenging his deportation, Khalil’s legal team has asked Judge Farbiarz to release him from detention. They argue that his release is necessary so that he can be with his wife, Noor Abdalla, who is expecting their first child on April 28.
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