Lawyers for Mahmoud Khalil have filed a motion to have ICE return him to New York, asking the U.S. District Court for the Southern District of New York to protect Khalil from disruption of the underlying habeas corpus proceedings begun before ICE transferred him to Louisiana. https://s3.documentcloud.org/documents/25556767/mahmoud-khalil-motion-to-compel-return.pdf This motion shows how Trump’s treatment of Khalil is also a challenge to judicial authority. 1/ #LawFedi
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Tuesday, 11-Mar-2025 07:50:04 JST Heidi Li Feldman
- Paul Cantrell repeated this.
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Tuesday, 11-Mar-2025 07:50:03 JST Heidi Li Feldman
The motion to compel Khalid’s return lays out the frighteningly Kafkaesque details of his original detention by ICE. Upon the arrival of DHS at his apartment building, Khalil did have a chance to contact his attorney, who quickly fired a habeas petition, challenging his detention, arrest, and confinement by ICE/DHS. 2/
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Tuesday, 11-Mar-2025 07:50:03 JST Heidi Li Feldman
The habeas petition was filed in the U.S. District Court for the Southern District of New York, giving that court jurisdiction - authority - over Khalil’s situation. 3/
Paul Cantrell and Steve's Place repeated this. -
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Tuesday, 11-Mar-2025 07:50:03 JST Heidi Li Feldman
Notwithstanding the filed habeas petition, ICE transferred Khalil from New York to Louisiana, without notifying his attorney or the court. 4/
Rich Felker repeated this. -
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Tuesday, 11-Mar-2025 07:54:25 JST Heidi Li Feldman
ICE often transfers people it detains to facilities far from the original detention, claiming that there is no closeby facility available or to satisfy contracts with the private prison companies to whom outsources immigration detention facilities. This is highly objectionable in any situation, but totally unacceptable when subsequent to a habeas petition filed in the original jurisdiction. 5/
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Tuesday, 11-Mar-2025 07:57:23 JST Heidi Li Feldman
The relocation to Louisiana makes it hard for Khalil to confer with his attorneys, interfering with his right counsel. It also makes it harder for the Southern District of New York to compel Khalil’s release, should the Southern District Court rule in Khalil’s favor on the habeas petition. 6/
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Matt Blaze (mattblaze@federate.social)'s status on Tuesday, 11-Mar-2025 10:24:42 JST Matt Blaze
@heidilifeldman Everything about this case is disturbing. In particular, the basis of Khalil's deportation appears to have something to do with "providing material support to a foreign terrorist organization" (Hamas), which is a serious crime he could be charged with if there is evidence he committed it. But they seem to be redefining "material support" to go well beyond the required elements of the crime, to include mere advocacy of purely political goals that Hamas also happens to share.
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Tuesday, 11-Mar-2025 10:24:43 JST Heidi Li Feldman
It certainly seems that moving Mahmoud Khalil from the New York metro area to Louisiana under these circumstances is a deliberate effort by the Trump DHS/ICE to impede pending judicial proceedings before the District Court for the Southern District of New York. 7/
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Heidi Li Feldman (heidilifeldman@mastodon.social)'s status on Tuesday, 11-Mar-2025 10:24:43 JST Heidi Li Feldman
On top of the disregard for Khalil’s 6th Amendment rights, the government has once again deliberately interfered with the work of the judicial branch. The Trump regime is a lawless effort to achieve a federal executive dictatorship. 8/8
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James M. (jamesmarshall@sfba.social)'s status on Tuesday, 11-Mar-2025 10:25:06 JST James M.
@mattblaze @heidilifeldman even if Khalil were guilty of a crime, isn't detaining him without access to his lawyer, and without his lawyer or family knowing where he is, and without even being charged, highly illegal? IANAL, but the disappearing of him is the scariest part of all this.
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Matt Blaze (mattblaze@federate.social)'s status on Tuesday, 11-Mar-2025 10:25:07 JST Matt Blaze
@heidilifeldman Of course, I have no idea what evidence the government might have about Khalil's other activities, and if he was indeed providing actual material support to Hamas, he can and should be indicted for that. But he hasn't been. As far as we can tell, he's having his green card revoked and being deported entirely based on his speech and political advocacy.
Paul Cantrell repeated this.