The federal government is seeking to have Rümeysa Öztürk’s case dismissed, claiming she was no longer in Massachusetts when her attorneys filed their initial complaint.
The disclosure was in a slew of documents the Trump administration released in response to Judge Indira Talwani’s order to provide information about the timeline of Öztürk’s arrest. The timing of when Öztürk was transported out of Massachusetts is significant: Talwani issued an order for her to remain in the state just hours after the arrest, and it has been unclear if ICE disregarded the order.
Öztürk is a third-year doctoral student in Child Study and Human Development at Tufts University. She was arrested last Tuesday on a residential street in Somerville by masked plainclothes agents from U.S. Immigration and Customs Enforcement. She is currently at an ICE facility in Louisiana, and her F-1 student visa has been revoked.
Her case has resounded nationwide as an example of international students being targeted for their political views. When asked about her detention, U.S. Secretary of State Marco Rubio denied it was solely based on her views but also referred to an op-ed she co-authored about Tufts University divesting from companies supporting Israel during its occupation of Gaza.
Timeline of Öztürk’s arrest and transport
Öztürk was detained at about 5:15 p.m. According to the timeline provided by the government, she left Somerville in ICE custody at 5:49 p.m., stopped in Methuen and departed at 6:36 p.m. for Lebanon, New Hampshire. Öztürk left Lebanon for the ICE field Office in St. Albans, Vermont, arriving at 10:28 p.m.
At some point in the evening, attorney Mahsa Khanbabai was retained for Öztürk and she filed a complaint on her behalf with the District of Massachusetts at about 10:01 p.m. The federal government said Talwani’s order came at 10:55 p.m.
While in Vermont, Öztürk was issued a notice to appear in a Louisiana court on April 7, and transported to the airport in Burlington at 4:00 a.m., departing at 5:31 a.m. She arrived in Alexandria, Louisiana, at 2:35 p.m., and was transported to the South Louisiana Immigration Center in Basile later in the day.
“The government is trying to play a cruel game of jurisdictional musical chairs with Ms. Öztürk’s life, and her rights and freedom hang in the balance,” said Brett Max Kaufman, senior counsel with the ACLU’s Center for Democracy, which is assisting with the case. “We hope the court shuts this effort to manipulate our basic rights down and proceeds to addressing our client’s urgent claims.”
The government said ICE had determined there was no bed space for Öztürk in any of its facilities in New England and decided to transfer her to Louisiana before she was even arrested. It claimed transfers out of state are routinely conducted.
Government arguments for dismissal and bail denial
The government cited Rumsfeld v. Padilla, a U.S. Supreme Court case that noted an individual challenging their detention must file that petition in the district in which they are detained. Öztürk’s attorney, family, and friends counter that they did not know her whereabouts until after 9 p.m. the following night, more than a day after she was initially detained.
The government also said even if Öztürk had “properly filed her original petition,” the court would lack jurisdiction under the Immigration and Nationality Act.
“The federal immigration laws strip district courts of jurisdiction over the sorts of governmental decisions challenged in the Petition, including the revocation of Petitioner’s student visa and ICE’s decision to initiate removal proceedings,” said the court document, written by Assistant United States Attorney Mark Sauter, who is representing the government.
Sauter also pushed for Öztürk’s bail to be denied: “This Court does not have jurisdiction to issue habeas relief in this matter, and therefore lacks the authority to grant bail or release,” he wrote.
Öztürk was on the phone with a family member when she was detained, but her relative was not made aware of where she was taken. Despite this, the government said that because she was in Vermont when Öztürk’s attorney filed the initial petition, the case should have been filed in the District of Vermont.
“The only reason we’re dealing with a Louisiana court in the first place is because a group of masked ICE agents illegally detained Rümeysa in Massachusetts, and yanked her out of state in chains against a federal court order,” said Khanbabai.
She said Öztürk’s rights have been violated “from day one” because of an op-ed she characterized as advocating for human rights. She and the ACLU of Massachusetts said they will continue fighting for her release.
This story was shared as part of the New England News Collaborative.
