Columbia grad Mahmoud Khalil's case transferred to New Jersey after ICE arrest
NEW YORK (WABC) -- While Columbia University graduate Mahmoud Khalil remains detained in Louisiana, a federal judge has transferred his case to New Jersey, where he was taken immediately after his arrest.
Judge Jesse Furman said his previous order preventing Khalil's deportation remains in effect unless and until a district court judge in New Jersey says otherwise.
Notably, Furman declined to outright dismiss Khalil's petition for release.
He said "this is indeed an exceptional case, and there is a need for careful judicial review."
He simply ruled that federal court in Newark is the more appropriate venue to conduct that review because it is where Khalil was located at the time his attorneys filed their petition challenging his arrest.
"Generally, a person challenging his detention through a habeas petition is required to file that petition in the federal district where he is detained at the time of filing," Furman said. "The Court agrees with the Government that Khalil's Petition cannot be heard in this District and agrees with Khalil that it should be transferred to the District of New Jersey, not dismissed or transferred to the Western District of Louisiana."
For now, Khalil remains in detention in Louisiana, where he is due to appear before an immigration judge March 27 at 8:30 a.m.
RELATED | Columbia activist Mahmoud Khalil describes night of his arrest in new court filing
Khalil, a leader of the encampment protests at Columbia last spring, was detained on March 8.
The Palestinian activist feared he would be immediately deported, according to a sworn declaration included in a new court filing by his attorneys.
Khalil's lawyers said that during his detainment, plain-clothed Immigration and Customs Enforcement agents said his student visa had been revoked -- even though Khalil is in the U.S. on a green card. He is married to an American citizen, and he has not been charged with a crime.
Officials from President Donald Trump's administration have said Khalil was detained for his purported support of Hamas -- a claim his legal team has rejected.
(ABC News contributed to this report.)
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