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Turkish Tufts University student detained by ICE can be sent to Vermont, appeals court rules

Turkish Tufts University student detained by ICE can be sent to Vermont, appeals court rules
MEDFORD TONIGHT. SARAH. ERIKA, A FEDERAL JUDGE IN VERMONT, ORDERED THAT HE BE TRANSFERRED FROM LOUISIANA TO VERMONT, WHERE AGAIN THE CASE IS BEING HEARD. BUT THE FEDERAL GOVERNMENT IS APPEALING THAT TRANSFER ORDER. AND THE FIGHT WENT BEFORE THE COURT OF APPEALS IN NEW YORK THIS MORNING. NOW, SIX WEEKS SINCE ROMAISA OZTURK WAS TAKEN BY ICE AGENTS FROM A SOMERVILLE STREET, SHE REMAINS AT A DETENTION CENTER IN LOUISIANA. A FEDERAL JUDGE IN VERMONT OVERSEEING HER CASE ORDERED SHE BE MOVED THERE. BUT NOW THE GOVERNMENT IS APPEALING THAT TRANSFER AND MADE ITS CASE TO AN APPEALS COURT. THIS MORNING, THE VERMONT COURT NEVER HAD HABEAS AUTHORITY, AND HENCE A TRANSFER TO IT WAS INAPPROPRIATE. THE GOVERNMENT ARGUES HER CASE SHOULD BE HEARD IN LOUISIANA THROUGH THE IMMIGRATION COURT SYSTEM, BUT HER ATTORNEYS CLAIM HER RIGHTS ARE BEING VIOLATED. EVEN ONE DAY OF DETENTION FOR WRITING AN OP ED IS JUST TOO LONG AND VIOLATES THE CONSTITUTION. THE SAME JUDGE ALSO HEARD ARGUMENTS THIS MORNING ABOUT COLUMBIA鈥橲 STUDENT ACTIVIST MOHSEN MAHDAWI, PRESSING THE SAME GOVERNMENT ATTORNEY ON THE CASE, WHETHER BOTH STUDENTS ARE TARGETED FOR THEIR SPEECH COULD CONTEST THAT. THE SPEECH IN BOTH CASES WAS PROTECTED SPEECH. YOUR HONOR, WE HAVEN鈥橳 WE HAVE NOT TAKEN A POSITION ON THAT. HELP MY THINKING ALONG. TAKE A POSITION, YOUR HONOR. I DON鈥橳 HAVE AUTHORITY TO TAKE A POSITION ON THAT RIGHT NOW. NOW, THE COURT OF APPEALS DID NOT MAKE ANY RULING TODAY. THERE IS SOME URGENCY. OZTURK IS SCHEDULED FOR A BAIL HEARING IN FEDERAL COURT IN VERMONT ON FRIDAY, AND HER ATTORNEYS IN COURT TODAY SAID THAT SHE HERSELF IS EXPECTED TO BE THERE
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Turkish Tufts University student detained by ICE can be sent to Vermont, appeals court rules
A federal appeals court on Wednesday granted a judge鈥檚 order to bring a Turkish Tufts University student from a Louisiana immigration detention center back to New England for hearings to determine whether her rights were violated. A judicial panel of the New York-based 2nd U.S. Circuit Court of Appeals ruled in the case of Rumeysa Ozturk after lawyers representing her and the U.S. Justice Department presented arguments at a hearing Tuesday. Ozturk has been detained for six weeks.The court ordered Ozturk to be transferred to ICE custody in Vermont no later than May 14.A district court judge in Vermont had earlier ordered that the 30-year-old doctoral student be brought to the state for hearings to determine whether she was illegally detained. Ozturk鈥檚 lawyers say her detention violates her constitutional rights, including free speech and due process.The Justice Department, which appealed that ruling, said that an immigration court in Louisiana has jurisdiction over her case.Immigration officials surrounded Ozturk 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.Ozturk was one of four students who wrote an op-ed in the campus newspaper, The Tufts Daily, last year criticizing the university鈥檚 response to student activists demanding that Tufts 鈥渁cknowledge the Palestinian genocide,鈥� disclose its investments and divest from companies with ties to Israel.A Department of Homeland Security spokesperson said in March, without providing evidence, that investigations found that Ozturk engaged in activities in support of Hamas, a U.S.-designated terrorist group.

A federal appeals court on Wednesday granted a judge鈥檚 order to bring a Turkish Tufts University student from a Louisiana immigration detention center back to New England for hearings to determine whether her rights were violated.

A judicial panel of the New York-based 2nd U.S. Circuit Court of Appeals ruled in the case of Rumeysa Ozturk after lawyers representing her and the U.S. Justice Department presented arguments at a hearing Tuesday. Ozturk has been detained for six weeks.

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The court ordered Ozturk to be transferred to ICE custody in Vermont no later than May 14.

A district court judge in Vermont had earlier ordered that the 30-year-old doctoral student be brought to the state for hearings to determine whether she was illegally detained. Ozturk鈥檚 lawyers say her detention violates her constitutional rights, including free speech and due process.

The Justice Department, which appealed that ruling, said that an immigration court in Louisiana has jurisdiction over her case.

Immigration officials surrounded Ozturk 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.

Ozturk was one of four students who wrote an op-ed in the campus newspaper, The Tufts Daily, last year criticizing the university鈥檚 response to student activists demanding that Tufts 鈥渁cknowledge the Palestinian genocide,鈥� disclose its investments and divest from companies with ties to Israel.

A Department of Homeland Security spokesperson said in March, without providing evidence, that investigations found that Ozturk engaged in activities in support of Hamas, a U.S.-designated terrorist group.