A federal judge has ruled that the case against pro-Palestinian activist Mahmoud Khalil will remain in New Jersey, rejecting a U.S. government motion to transfer proceedings to Louisiana, where the Columbia University graduate student has been detained since his arrest last month.
U.S. District Judge Michael Farbiarz issued a 67-page decision on Tuesday, affirming that the New Jersey court has jurisdiction over Khalil’s case, CNN reported.
The ruling hinged on the fact that Khalil was in New Jersey when his attorneys filed a habeas corpus motion challenging his detention.
“The Petitioner was in custody in New Jersey as of March 9 at 4:40 a.m.,” Judge 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 a.m. Therefore, this Court has jurisdiction.”
The ruling marks the second time the Department of Justice has attempted to transfer Khalil’s case. Initially, after his March 8 arrest outside his Columbia University apartment, the government sought to move the case from New York to New Jersey, a request that was granted by a New York federal district court judge.
The government then filed another motion to relocate the case to Louisiana, which Judge Farbiarz has now denied.
Khalil’s Arrest and Detention
Khalil, a legal U.S. permanent resident married to an American citizen, played a key role as a negotiator in talks between pro-Palestinian student protesters and Columbia University officials following last spring’s campus encampment demonstrations against the Israel-Hamas war.
He was detained in Manhattan before being transferred to an Immigration and Customs Enforcement (ICE) facility in New Jersey. Just hours later, he was relocated to a detention center in Louisiana, where he remains in federal custody.
Family and Legal Team Welcome the Decision
The judge’s ruling is a crucial development for Khalil’s wife, Noor Abdalla, who is pregnant and due to give birth to their first child this month.
“This is an important step towards securing Mahmoud’s freedom, but there is still a lot more to be done,” Abdalla said in a statement Tuesday. “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.”
Khalil’s attorney, Baher Azmy, also hailed the court’s decision, condemning the government’s legal maneuvers.
“We are grateful the court wisely 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,” Azmy said in a statement to CNN.
The next step for Khalil’s legal team is to push for his release from ICE detention as the legal battle over his case continues.
