Detained Tufts PhD student Rümeysa Öztürk to be transferred after major court ruling

New York, New York - A federal appeals court on Wednesday upheld an order to transfer Tufts University PhD student Rümeysa Öztürk, detained as part of the Trump administration's anti-Palestine crackdown, to Vermont for hearings in her case.

Rümeysa Öztürk, who was detained for writing an op-ed, will be moved to Vermont after the Trump administration had its petition to have her case held in Louisiana rejected.
Rümeysa Öztürk, who was detained for writing an op-ed, will be moved to Vermont after the Trump administration had its petition to have her case held in Louisiana rejected.  © Collage: TMX/Handout via REUTERS & Courtesy of the Ozturk family/Handout via REUTERS

The Second US Circuit Court of Appeals, based out of New York, rejected a government bid to have Öztürk's case proceed in Louisiana, where she has been in ICE custody for the last six weeks.

"Before this panel, the government seeks an emergency stay of this transfer order pending appeal. We conclude that the government has failed to meet its burden to justify such a stay," the three-judge panel wrote in the ruling.

"The District of Vermont is likely the proper venue to adjudicate Öztürk’s habeas petition because, at the time she filed, she was physically in Vermont and her immediate custodian was unknown."

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A federal judge in Boston last month transferred the case challenging the legality of Öztürk’s detention to Vermont.

With the latest ruling, the government is ordered to move the 30-year-old doctoral student to ICE custody in the Green Mountain State no later than May 14.

Rümeysa Öztürk disappeared from streets of Somerville

Demonstrators take part in an emergency rally demanding the release of Rümeysa Öztürk in Somerville, Massachusetts.
Demonstrators take part in an emergency rally demanding the release of Rümeysa Öztürk in Somerville, Massachusetts.  © REUTERS

Öztürk was detained by plainclothes immigration agents on the streets of Somerville, Massachusetts, on March 25, as part of the Trump administration's crackdown on noncitizen students who support Palestinian human rights.

The Trump administration revoked Öztürk's student visa days earlier – on March 21 – but had not notified her.

In March of last year, the Turkish Fulbright scholar had co-written an op-ed in The Tufts Daily criticizing the university's response to calls for divestment from Israel, among other demands.

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After her detention, Öztürk was sent from Massachusetts to New Hampshire to Vermont, before boarding a flight to Louisiana. She reportedly suffered an asthma attack during transit.

In addition to the habeas corpus case, Öztürk faces immigration court proceedings in Louisiana in which she will appear remotely, according to the federal appeals court ruling.

"The government asserts that it would face difficulties in arranging for Öztürk to appear for her immigration proceedings in Louisiana remotely," the decision reads. "But the government has not disputed that it is legally and practically possible for Öztürk to attend removal proceedings remotely."

Cover photo: Collage: TMX/Handout via REUTERS & Courtesy of the Ozturk family/Handout via REUTERS

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