Judge Rules Tufts Student Detained by ICE Must be Returned From Louisiana to Vermont
“The Court concludes that this case will continue in this court with Ms. Ozturk physically present for the remainder of the proceedings”
You can read the backstory on her arrest here. This article from Politico makes it sound like she only wrote an op-ed for the student paper. It’s about much more than that.
Judge says detained Tufts student must be transferred from Louisiana to Vermont
A Tufts University student from Turkey being held in a Louisiana immigration facility must be returned to New England no later than May 1 to determine whether she was illegally detained for co-writing an op-ed piece in the student newspaper, a federal judge ruled Friday.
U.S. District Judge William Sessions said he would hear Rumeysa Ozturk’s request to be released from detention in Burlington, Vermont, with a bail hearing set for May 9 and a hearing on the petition’s merits on May 22. Ozturk’s lawyers had requested that she be released immediately, or at least brought back to Vermont, while the Justice Department argued that an immigration court in Louisiana had jurisdiction.
“The Court concludes that this case will continue in this court with Ms. Ozturk physically present for the remainder of the proceedings,” the judge wrote. “Ms. Ozturk has presented viable and serious habeas claims which warrant urgent review on the merits. The Court plans to move expeditiously to a bail hearing and final disposition of the habeas petition, as Ms. Ozturk’s claims require no less.”
The ruling came more than three weeks after masked immigration officials surrounded the 30-year-old doctoral student as she walked along a street in a Boston suburb March 25 and drove her to New Hampshire and Vermont before putting her on a plane to a detention center in Basile, Louisiana. An immigration judge denied her request for bond Wednesday, citing “danger and flight risk” as the rationale.
DONATE
Donations tax deductible
to the full extent allowed by law.
Comments
So she was arrested in Boston, moved to NH, moved to Vermont, moved to Louisiana where she is now.
And the judge in Vermont decides he has jurisdiction?
Besides as I think we learned in the case of Maryland Man, since this is a habeas claim not an APA claim, can’t she be deported and freed to her new home instead of any of this? There was no judge’s order saying she could not be freed in any other particular country afaik, and adding one now would be even more judicial overreach.
A president can illegally import 30 million soldier age “immigrants” without any recourse, but we need a jury trial to legally deport each person, according to our judiciary.
Clinton Judge.
That Clinton judge apparently doesn’t know basic law. Habeas actions are filed and tried where the complanant is being held. She’s not being held in Vermont.
We should give out a lot fewer student visas make them very hard to get from countries that are likely to produce Hamas supporters. Also, students who all say they have strong ties back home and intend to leave the US after finishing their studies, are usually lying because they usually stay. We don’t need most of these people. We certainly don’t need people like Rumeysa Ozturk who, but for visa revocation, would be receiving one of Trump’s stapled green cards and then eventually citizenship.
According to Wikipedia: Rumeysa was a serial graduate student. According to her now deleted (!) LinkedIn bio, she first got some type of Master’s degree at Columbia. Then she found herself at Tufts on a Fulbright scholarship. (Do we really waste such prestigious scholarships on education students?) Tufts of course wants to keep her, because the scholarship pay them plus she pads their stats as a Fulbright.
I think this situation was brought about by a combination of Columbia’s usual leftwing anti-Israel preference admitting her in the first place, and the too-easy visa process she had to get a student visa. At a minimum, INS should scrutinize student visa applications for students coming to Columbia very carefully.
So…
“You don’t have jurisdiction. Nice try.”
“Fine, you have to put him back in my jurisdiction. Nyah.”
Possibly followed by “You don’t have jurisdiction to do that, and we’ve already taken care of his due process. Ask El Salvador about jurisdiction, now.”
Next will come the attacks on individual Administration officials via criminal contempt charges, which will be ignored. The activists will probably then try to get the U.S. Marshals to make arrests but chances are they will refuse if that would require confrontation with other law enforcement agencies under Executive Branch control. Eventually the Supreme Court won’t be able to dodge responsibility for this mess and will have to either act decisively or watch the defiance intensify.