May 9th, 2025
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The federal appellate tribunal on Wednesday upheld a magistrate's directive to transport a Turkish Tufts University student, detained in a Louisiana immigration holding facility, to New England for an evidentiary hearing to adjudicate whether his entitlements had been infringed upon and if he warranted manumission.
In a decisive rebuff to the government's plea for delay, a tripartite panel of judges on the Second Circuit Court of Appeals, domiciled in New York, rendered a verdict on Tuesday, following oral arguments, affirming the claims presented by Ms. Rumeysa Ozturk, who has been held in custodial detention in Louisiana for over six weeks subsequent to co-authoring an op-ed piece critical of her university's posture regarding Israel's military engagement in Gaza.
The court has decreed that Mr. Öztürk be remanded to the custody of ICE in Vermont, with the stipulated deadline for this transfer being the unalterable date of May 14th.
Moreover, collateral judicial proceedings have been initiated in Louisiana's immigration court, from which, the tribunal has stipulated, Mr. Ozturk is authorized to participate remotely.
The regional court judge in Vermont has mandated the conveyance of a 30-year-old doctoral candidate to the state's jurisdiction for a judicial determination regarding the legitimacy of her putative unlawful detention, with her counsel contending this incarceration constitutes an infringement upon fundamental constitutional entitlements encompassing both freedom of expression and due process.
The initial deadline had been stipulated for May 1st; a hearing pertaining to the bail application was slated for Friday in Burlington, with a subsequent hearing scheduled for May 22nd.
The Department of Justice, which had lodged an appeal against this verdict, contended that the Louisiana immigration court held jurisdiction over Mr. Ozturk's case; while the appellate court had previously granted a stay of the transfer order last week to deliberate an urgent government motion, it demurrrred on Wednesday to a more protracted delay request.
The appellate court contested the assertion that the Vermont court was an unsuitable venue for addressing Ozturk's release petition, concurrently noting the government's failure to demonstrate "irreparable harm," and determined that Ozturk's desire for in-person attendance at a Vermont hearing outweighed the associated administrative and logistical expenditures for the government.
The court underscored that, while the government asserts logistical impediments to facilitating Mr. Ozturk's remote participation in immigration proceedings in Louisiana, it has not refuted the fundamental feasibility, both legally and practically, of his remote court appearance.
An electronic missive was dispatched to the United States Immigration and Customs Enforcement agency, requesting commentary.
Subjected to a swift and unannounced internment by immigration officials while ambulating along a suburban Boston thoroughfare on March 25th, Ms. Ozturk was subsequently transported to New Hampshire and Vermont before being placed aboard an aircraft bound for an internment facility in Basile, Louisiana – a series of events her counsel posits occurred without her prior knowledge of the revocation of her student visa days earlier.
Counsel for Ms. Ozturk initially filed a petition on her behalf in Massachusetts, but could not make contact until more than 24 hours after she was taken into custody due to her whereabouts being unknown; subsequently, a Massachusetts judge remitted the case to Vermont.
“The government now contends this transfer was improper, but the government’s contention is in error,” the appellate court wrote.
Öztürk, a co-author of an opinion piece published in the campus newspaper, The Tufts Daily, last year, excoriated the university's acquiescence to student activists' demands for divestment from Israel-aligned firms, disclosure of investments, and acknowledgment of the perceived genocide against Palestinians.
According to a State Department memorandum, Ozturk's visa was rescinded based on the determination that her conduct "could prejudice U.S. foreign policy by fostering an inimical milieu for Jewish students" and that she was associated with entities subsequently subjected to temporary campus exclusion.
In March, the Department of Homeland Security's spokesperson asserted, without providing corroborating evidence, that Ozturk had been engaged in activities supporting Hamas, an organization designated as a terrorist entity by the United States.
"It is unconscionable that individuals should be subjected to apprehension and detention solely on the basis of their political convictions," stated Ms. Esha Bandari, counsel for Ms. Öztürk, in a published declaration. "Each day of Rumeysa Öztürk's continued incarceration represents an egregious prolongation of an unjust deprivation of liberty. We are gratified that the court has repudiated the government's persistent machinations to sequester her from her community and legal counsel as she prosecutes her plea for liberation."
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