A judge in New Jersey, Michael Fabiarz, denied the government’s motion to dismiss a lawsuit challenging the detention of Mahmoud Khalil, a pro-Palestinian activist facing deportation. Fabiarz asserted jurisdiction over the case because Khalil was in New Jersey when the petition was filed. The petition claims that Khalil’s detention violates his rights to due process and free speech. Federal officials had argued against Fabiarz’s jurisdiction, but the judge ruled in favor of Khalil.
Khalil, a permanent U.S. resident, has been held in a Louisiana detention center since his March 8 arrest. The government alleges that he led activities aligned with Hamas, a designated terrorist organization, but Khalil has not been charged with any crime. The government also claims that Khalil made misrepresentations when entering the U.S. and has cited potential adverse foreign policy consequences as reasons for his deportation.
Khalil’s attorneys have celebrated Fabiarz’s decision, arguing that it sends a message to other courts facing similar cases of government attempts to control jurisdiction. They claim that Khalil’s detention is punishment for his constitutionally protected speech. A federal judge in New York initially reviewed Khalil’s petition and halted his deportation, noting the serious allegations raised in the case. Khalil’s attorneys have criticized the government’s claims as “silly” and argue that they are an attempt to justify his deportation unlawfully. The case continues to be a focal point of contention between Khalil and the government.
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