The case of a Columbia University activist who is facing deportation because of his pro-Palestinian protests on the school’s campus will remain in New Jersey, a federal judge ruled Tuesday. U.S. District Court Judge Michael Farbiarz rejected a push by federal prosecutors to move the case to Louisiana, where the activist, Mahmoud Khalil, has been detained since soon after immigration agents arrested him March 8. Farbiarz said New Jersey’s federal courts have jurisdiction over Khalil’s case because he was detained in Elizabeth at the time his lawyer filed his plea for release. “This case, as filed on March 9 at 4:40 am, can go forward in New Jersey because that is where the Petitioner was confined at that moment,” Farbiarz wrote in the 67-page ruling . Khalil, a legal permanent resident married to a U.S. citizen, faces no criminal charge. His case has garnered national attention as the government attempts to revoke his green card status, saying his anti-Israel protests amount to support for terrorist group Hamas. Appearing in Farbiarz’s Newark courtroom on Friday , attorneys for the Trump administration argued that federal courts in Louisiana were the proper jurisdiction for Khalil’s case because that’s where he is detained. Kahlil’s legal team said prosecutors were hoping to get Khalil’s case before a judge who would be friendlier to their side, commonly referred to as forum shopping. Farbiarz in Tuesday’s decision said court rules channel certain cases to particular courts, partly to limit forum shopping. “The Petitioner was in custody in New Jersey as of March 9 at 4:40 am,” Farbiarz wrote. “And under a federal statute, the Petition, though filed in New York, must be treated as having been filed in New Jersey on March 9 at 4:40 am. Therefore, this Court has jurisdiction.” Baher Azmy, one of Khalil’s attorneys, said the legal team is grateful the court “understood that the government cannot try to manipulate the jurisdiction of the United States courts in a transparent attempt to shield their unconstitutional – and frankly chilling – behavior.” The next step in Khalil’s case is to get him out of detention, Azmy said. Khalil’s wife, Noor Abdalla, who is nine months pregnant and expecting to give birth this month, said in a statement that she is “relieved” at the court’s decision. “This is an important step towards securing Mahmoud’s freedom, but there is still a lot more to be done. As the countdown to our son’s birth begins and I inch closer and closer to my due date, I will continue to strongly advocate for Mahmoud’s freedom and for his safe return home so he can be by my side to welcome our first child,” she said. GET THE MORNING HEADLINES. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our website. AP and Getty images may not be republished. Please see our republishing guidelines for use of any other photos and graphics.
CONTINUE READING