US federal judge transfers pro-Palestine student activist’s case, denying attempt to dismiss – JURIST

A federal judge for the Southern District Court of New York found on Wednesday that the court does not have the proper jurisdiction to hear the merits of detained student activist Mahmoud Khalil’s petition regarding his arrest by ICE agents, moving the case to the District of New Jersey where Khalil’s challenge to his arrest, detention, and prospective removal will be heard.

Khalil, the petitioner, was arrested by Immigration and Customs Enforcement (ICE) agents in early March after he participated in pro-Palestine protests on his college campus last year. Khalil was a graduate student at Columbia University at the time but has since graduated. Khalil is a permanent resident of the US and the spouse of a US citizen.

During Khalil’s arrest, ICE agents stated they were revoking his student visa, but when they learned he had permanent residency, they stated they were revoking his status. Khalil raised a petition for a writ of habeas corpus, claiming his “arrest, detention, and prospective removal violate his First Amendment right to freedom of speech, his Fifth Amendment right to due process of law, as well as the Administrative Procedure Act.”

The respondents, which include President Donald Trump and other federal officials, moved to dismiss Khalil’s petition or transfer it to Louisiana where Khalil was taken and has been detained. The government relied on the district-of-confinement and immediate-custodian rules to support its position. Khalil argued the case should be transferred to New Jersey, which is where he was detained at the time the petition was filed.

The court determined that before it can consider the merits of Khalil’s claim, it has to consider whether it is the “proper tribunal.” It also determined dismissing the case would prejudice Khalil, which is an important factor to weigh when deciding whether to dismiss or transfer a case. According to the court, dismissal would “allow for Khalil’s expedited removal from the country before his claims could even be adjudicated.”

Judge Jesse M Furman reasoned that a habeas petition filed by a person in immigration detention must be filed in the federal district where they were detained at the time of filing. This principle comes from the “district of confinement” and “immediate custodian” rules. The court held that since Khalil was in New Jersey at the time his lawyer filed the petition, his petition should have been filed in the District of New Jersey and not in New York.

The court also affirmed in its decision that Khalil cannot be deported until his petition has been heard—unless the New Jersey District Court rules otherwise. Last week, the same federal judge temporarily blocked Khalil’s deportation. The order reasoned that “to preserve the Court’s jurisdiction” while waiting on a ruling on the petition, Khalil “shall not be removed” from the US until the court orders otherwise.

President Trump posted on Truth Social last week regarding Khalil’s arrest, claiming “ICE proudly apprehended and detained Mahmoud Khalil” and that “This is the first arrest of many to come.” Ben Wizner, the director of the ACLU’s Speech, Privacy, and Technology Project released a statement following Khalil’s arrest:

This arrest is unprecedented, illegal, and un-American. The federal government is claiming the authority to deport people with deep ties to the U.S. and revoke their green cards for advocating positions that the government opposes. To be clear: The First Amendment protects everyone in the U.S. The government’s actions are obviously intended to intimidate and chill speech on one side of a public debate.

ICE agents arrested another student, Leqaa Kordia, on Friday who participated in the pro-Palestine protests at Columbia University. She was arrested for overstaying on her F-1 student visa, which had been terminated for lack of attendance in 2022.