Judge Rejects US Government’s Motion to Dismiss Case Concerning Columbia Student’s Arrest
The judge has consented to the transfer of the case.
On March 19, a federal judge rejected the U.S. government’s motion to dismiss a case involving the arrest of a Columbia University student from Syria.
“This decision is particularly suitable in this case, as dismissing the matter would invalidate this Court’s order preventing Khalil’s removal from the United States until his claims are considered, potentially allowing the Government to undermine Khalil’s pursuit of judicial review by removing him prior to a court’s ruling,” the judge explained.
The government contends that Khalil, who participated in pro-Palestinian protests following the 2023 Hamas invasion of Israel, has allied with terrorists and represents a threat to U.S. national interests and foreign policy.
Khalil’s legal team argues that the arrest and deportation threat infringe upon his constitutional rights, including those protected by the First Amendment.
Earlier in March, federal immigration agents apprehended Khalil outside his home in New York City, briefly transferring him to New Jersey before relocating him to a prison in Louisiana. U.S. officials have revoked his green card and are attempting to deport him.
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Khalil has submitted a petition for relief in a federal court in Manhattan.
“As this Court lacks jurisdiction and is not the right venue for this habeas action, it should either dismiss this case without prejudice or transfer the petition without delay,” they stated in their submission.
They further claimed that if the case were to be transferred, it should go to New Jersey.
Judge Furman noted that federal law compelled him to transfer the proceedings to New Jersey.
“The Court finds that a direct application of established federal law necessitates the transfer of the case to the District of New Jersey because, according to the immediate-custodian and district-of-confinement standards, it is the sole district where Khalil could have filed his Petition at the time this action began,” he explained. “Congress has designated the district to which this case must be transferred, which is New Jersey. The Court must comply with these legal obligations just as it is required to follow the immediate-custodian and district-of-confinement standards to refuse jurisdiction.”
Even though the case is unusual and requires thorough judicial examination, the U.S. Supreme Court has clarified that the confinement regulations remain applicable in exceptional circumstances, the judge later remarked.
He has upheld his order preventing Khalil’s deportation until a federal judge in New Jersey has the opportunity to issue a ruling.
