Audio By Carbonatix
Columbia University student Mahmoud Khalil may continue to challenge the legality of his arrest by immigration authorities in New Jersey, rather than in Louisiana where he is being held, a U.S. judge ruled on Tuesday.
The decision by U.S. District Judge Michael Farbiarz in Newark, New Jersey, means any appeals in the Palestinian activist's case will be heard by the 3rd U.S. Circuit Court of Appeals, which has a 6-6 split between active judges appointed by Republican and Democratic presidents, instead of the 5th U.S. Circuit Court of Appeals, the country's most conservative appeals court.
The Justice Department did not immediately respond to a request for comment.
Khalil's case is seen as a test of Republican President Donald Trump's efforts to deport pro-Palestinian activists who have not been charged with any crime. His lawyers say Trump's administration improperly targeted him for his political views and prominence in student protests.
The Trump administration said it has revoked the visas of hundreds of foreign students it says took part in the protests that swept college campuses protesting the U.S. government's military support of Israel.
The government says Khalil, 30, and other international students who take part are harming U.S. foreign policy interests.
The jurisdictional dispute arose because Khalil, a legal permanent resident who was born in a Palestinian refugee camp in Syria, spent several hours in a New Jersey detention facility after his March 8 arrest in neighboring Manhattan.
Khalil's defense lawyers said that made New Jersey an adequate forum for him to challenge effort to deport him in a separate case in immigration court. But government lawyers argued that such cases, known as habeas corpus petitions, must be brought in whatever district a detainee is being held.
In a 67-page ruling, Farbiarz wrote that there was an exception to the general rule requiring habeas corpus petitions to be brought in the district of confinement in instances where that location is unknown.
Farbiarz wrote that failing to apply that exception would have meant Khalil "would not have been able to call on any habeas court. Not in Louisiana, New York, or New Jersey. And not anywhere else, either."
Khalil's lawyers have said that shortly after they learned he was taken to New Jersey, authorities told them he was in the process of being moved to Louisiana.
Khalil's lawyers have also asked Farbiarz to release him from jail while the case plays out, in part so he can be with his American citizen wife Noor Abdalla for the birth of their first child.
Abdalla's due date is April 28, according to a letter from her doctor filed in court.
Latest Stories
-
Kwame Dadzie: Don’t spend government’s GH¢5 million to film sector
18 minutes -
Former Accra Mayor Blankson endorses Wontumi for NPP national chairmanship
1 hour -
Eid festivals explained on Behind The Lens with Queen Liz
1 hour -
Meet Emelia Naa Ayeley Aryee, the Ghanaian Gender Advocate helping couples overcome infertility stigma
2 hours -
Oil pulls back as traders look for progress on US-Iran talks
2 hours -
The proposed imposition of a 0.75% fee on Mobile Money-To-Bank transfers raises serious concerns regarding fairness, financial inclusion, and the underlying principle of interoperability within the digital financial ecosystem
3 hours -
Trump raises refugee ceiling by 10,000 to bring in more white South Africans
3 hours -
One killed and others missing after chemical explosion at US paper mill
3 hours -
First Ghanaians set to be repatriated from South Africa over anti-immigrant protests
3 hours -
Deliver or be questioned – Majority Chief Whip warns OSP
3 hours -
Crime is everywhere – Dafeamekpor slams OSP’s Accra-centred operations
3 hours -
Don’t be cocooned in Accra – Dafeamekpor pushes OSP to invade districts
4 hours -
Free sanitary pads and pad bank Initiative cut teenage pregnancy in Bosomtwe – Girl Child coordinator
4 hours -
Asunafo North Municipal Assembly deploys DL-Rev Software to tackle revenue shortfall
4 hours -
General Mosquito promised to ‘annihilate’ NPP – Dafeamekpor reveals details of earlier tour
4 hours