Case: Mahmoud Khalil v. Joyce

3:25-cv-01963 | U.S. District Court for the District of New Jersey

Filed Date: March 9, 2025

Case Ongoing

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Case Summary

This case challenges the detention and attempted deportation of student activist Mahmoud Khalil, a leader of the campus protests against the war in Gaza at Columbia University throughout the spring of 2024. Khalil was a lawful permanent resident of the United States in possession of a green card who had recently completed his graduate studies at Columbia. On March 8, 2025, agents from the Department of Homeland Security (“DHS”) detained Khalil at his apartment, stating that his student visa had been revoked. When Khalil produced documentation showing that he held a green card, not a student visa, the agents responded that they were revoking his green card instead. The DHS agents did not show Khalil any documentation authorizing his detention or his green card revocation.

The next day, March 9, 2025, the government issued Khalil a “notice to appear”, stating that his deportation was sought under Section 237(a)(4)(C)(i) of the Immigration and Nationality Act (“INA”), a rarely-used provision that permits removal where the Secretary of State has reasonable ground to believe continued presence of the individual in the U.S. “would have potentially serious adverse foreign policy consequences.”

That same day, Khalil filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of New York against William P. Joyce, the Acting Director of the New York Field Office of Immigration and Customs Enforcement (“ICE”); Caleb Vitello, the Acting Director of ICE; Kristi Noem, the DHS Secretary; and Pamela Bondi, the U.S. Attorney General. Khalil alleged that his detention and attempted deportation constituted retaliation, discrimination, and prior restraint in violation of his First Amendment right to free speech and his Fifth Amendment right to due process. Khalil sought an order releasing him from custody, an injunction prohibiting the government from transferring him outside the Court’s jurisdiction, and a declaration that the government’s actions violated the First and Fifth Amendments. He also requested that he be granted bail pending the adjudication of his habeas petition under Mapp v. Reno, 241 F.3d 221 (2d Cir. 2001). Khalil was represented by lawyers from the ACLU, New York Civil Liberties Union, Center for Constitutional Rights, Creating Law Enforcement Accountability & Responsibility (“CLEAR”) Project, and private counsel. The case was assigned to U.S. District Judge Jesse M. Furman.

Hours after he filed his habeas petition, Khalil was moved to a detention facility in Louisiana. In response, and in order to retain its jurisdiction, Judge Furman gave notice that Khalil was not to be removed from the United States unless and until the Court ordered otherwise. Khalil also filed a motion to compel the respondents to return him to the Southern District of New York.

An initial hearing was held on March 12, 2025. The respondents argued for a change of venue to New Jersey or Louisiana, where Khalil had been held, while Khalil requested he be returned to the Southern District of New York. In response, the Court ordered Respondents to file a motion to transfer or dismiss for improper venue by 11:59 pm that day. Briefing on that motion and Khalil’s motion to compel his return to New York was scheduled to be completed by March 17, 2025. Judge Furman kept in place his March 10 order that Khalil was not to be removed from the United States until the Court ordered otherwise.

The respondents' ensuing motion to dismiss or transfer venue, filed on March 12, argued that jurisdiction didn't lie in the Southern District of New York because a habeas petitioner must file his petition in the district in which he is being held under Rumsfeld v. Padilla, 542 U.S. 426 (2004). The respondents asserted since Khalil was being held in Jena, Louisiana, the Western District of Louisiana was the proper venue.

Khalil filed an Amended Petition on March 13, adding President Donald J. Trump and U.S. Secretary of State Marco Rubio as respondents. The Amended Petition also added a claim that Secretary Rubio’s determination under the INA that Khalil’s continued presence in the U.S. would adversely affect foreign policy interests violated the Administrative Procedure Act (“APA”).

On March 14, the Court issued a memo endorsement adopting the parties’ proposed briefing schedule. Pursuant to this schedule, Khalil filed a motion for bail under Mapp v. Reno on March 14. Respondents are scheduled to file their opposition to the bail motion by March 19 or one day after the Court rules on their motion to dismiss or transfer venue, whichever is sooner. Khalil is also expected to file a motion for a preliminary injunction by March 17, with briefing on that motion to be completed by March 28.

In accordance with the Court’s March 12 order, the respondents filed their opposition to Khalil’s motion to compel his return to New York on March 14. Khalil filed his opposition to the respondents’ motion to dismiss or transfer venue on the same day, arguing that venue was proper under exceptions recognized in Padilla and because Respondent Joyce, who is based in New York City, was Khalil's "immediate custodian" at the time that he filed his habeas petition on March 9. On March 16, Judge Furman ordered the parties to supplement their briefings on the motion to dismiss or transfer to address the two federal statutes authorizing a transfer of venue, 28 U.S.C. § 1404(a) and 28 U.S.C. § 1406(a). The parties filed supplemental briefs addressing the transfer statutes the next day.

Khalil filed a motion for a preliminary injunction on March 17, 2025, asking the court to preliminarily release him, enjoin Secretary Rubio's determination under INA Section 237(a)(4)(C)(i), and enjoin the respondents from enforcing a policy "of targeting for detention and removal noncitizens who engage in
constitutionally protected expressive activity in the United States in support of Palestinian rights or critical of Israel." In addition to this motion, Khalil also filed a reply in support of his motion to compel his transfer the same day.

On March 19, 2025, Judge Furman transferred the case to the District Court for the District of New Jersey, finding that because Khalil was detained in Elizabeth, New Jersey at the time his habeas petition was filed, that court had jurisdiction over the matter under the general rule that petitioners must challenge their detention in the district of their confinement. The opinion rejected the respondents' argument that the case should be transferred to the Western District of Louisiana, finding that the relevant inquiry is where the petitioner was confined at the time he filed his habeas petition, not where he is currently confined. The Court further found that the filing of the petition in the Southern District of New York was not an error by Khalil's attorney because at the time of filing, his attorney had a good faith reasonable belief that Khalil was being held in New York, given that DHS refused to provide her any information about Khalil's whereabouts. Judge Furman emphasized that his March 10 order barring the government from removing Khalil remained in effect unless and until the New Jersey court ordered otherwise. The case was assigned to Judge Michael E. Farbiarz of the U.S. District Court for the District of New Jersey.

The next day, the respondents renewed their motion to transfer the case to the Western District of Louisiana, arguing that Judge Furman erred in transferring the case to New Jersey.

Also on March 20, Khalil filed an amended brief in support of his motion for bail, adding a case from the Third Circuit (where the District of New Jersey sits), Lucas v. Hadden, 790 F.2d 365 (3d Cir. 1986) that allows federal courts to grant bail to habeas petitioners. The respondents filed their opposition to the amended bail motion on March 23.

On March 21, Khalil filed a supplemental brief to his motion to compel his return, asking that he be returned to the District of New Jersey. The respondents filed a supplemental brief in opposition to the return motion later that day, and Khalil filed his reply on March 24.

Also on March 24, Khalil filed his opposition to the respondents' renewed motion to transfer the case to Louisiana.

The next day, Khalil filed an amended brief in support of his motion for a preliminary injunction.

Judge Farbiarz denied the respondents' motion to transfer on April 1, also stating that a habeas court has jurisdiction when the petitioner was physically present in that court's district at the time of filing. After finding that Khalil was in New Jersey at the time his habeas petition was filed, the court concluded that jurisdiction was proper in New Jersey. Notably, the court asked the parties to submit briefings on whether it should issue an order under 28 U.S.C. § 1292(b), which allows district judges in civil actions to ask the court of appeals to review an otherwise unappealable decision where the issue "involves a controlling question of law as to which there is substantial ground for difference of opinion." Under § 1292(b), the court of appeals then decides whether it will permit an appeal.

On April 11, a Louisiana immigration judge ruled that Khalil was deportable and that he had no authority to question Secretary Rubio's determination under the INA.

This case is ongoing.

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Summary Authors

Meredith Ulle (3/15/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69755532/parties/khalil-v-joyce/

Judge(s)

Expert/Monitor/Master/Other

AHMAD, NAZ (New Jersey)

Azmy, Baher (New York)

Barron, Kyle (New York)

Belsher, Amy (New York)

Bhandari, Esha (New York)

Judge(s)

Furman, Jesse Matthew (New York)

Expert/Monitor/Master/Other

AHMAD, NAZ (New Jersey)

Azmy, Baher (New York)

Barron, Kyle (New York)

Belsher, Amy (New York)

Bhandari, Esha (New York)

Biklen, Molly Knopp (New York)

Dallal, Shezza Abboushi (New York)

Das, Alina (New York)

Dratel, Joshua Lewis (New York)

Eidelman, Vera (New York)

Greer, Amy E (New York)

Hauss, Brian Matthew (New York)

Hodgson, Robert Andrew (New York)

Jadwat, Omar C. (New York)

Kassem, Ramzi (New York)

Kaufman, Brett Max (New York)

Lewis, Lindsay Anne (New York)

Mahfooz, Sidra (New York)

Oestericher, Jeffrey Stuart (New York)

Salama, Veronica (New York)

Shamas, Diala (New York)

Sisay, Samah Mcgona (New York)

Takemoto, Tyler (New York)

Toppa, Mudassar Hayat (New York)

Waterman, Brandon Matthew (New York)

Zafar, Noor (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2 1:25-cv-01935	Petition for Writ of Habeas Corpus M.K. v. Joyce U.S. District Court for the Southern District of New York	March 9, 2025	March 9, 2025 Complaint
	Notice to Appear Matter of Mahmoud Khalil No Court	March 9, 2025	March 9, 2025 Complaint
11 1:25-cv-01935	Memorandum of Law in Support of Petitioner's Motion to Compel Respondents to Return Petitioner to this District Khalil v. Joyce U.S. District Court for the Southern District of New York	March 10, 2025	March 10, 2025 Pleading / Motion / Brief
9 1:25-cv-01935	Notice of Conference M.K. v. Joyce U.S. District Court for the Southern District of New York	March 10, 2025	March 10, 2025 Order/Opinion 2025 WL 750599
24 1:25-cv-01935	Letter re. schedule Khalil v. Joyce U.S. District Court for the Southern District of New York	March 11, 2025	March 11, 2025 Pleading / Motion / Brief
30 1:25-cv-01935	Notice of Motion Khalil v. Joyce U.S. District Court for the Southern District of New York	March 12, 2025	March 12, 2025 Pleading / Motion / Brief
31 1:25-cv-01935	Respondent's Memorandum of Law in Support of their Motion to Dismiss or to Transfer the Case Khalil v. Joyce U.S. District Court for the Southern District of New York	March 12, 2025	March 12, 2025 Pleading / Motion / Brief
29 1:25-cv-01935	Order Khalil v. Joyce U.S. District Court for the Southern District of New York	March 12, 2025	March 12, 2025 Order/Opinion
31 1:25-cv-01935	Respondents' Memorandum of Law in Support of their Motion to Dismiss or Transfer the Case U.S. District Court for the Southern District of New York	March 12, 2025	March 12, 2025 Pleading / Motion / Brief
38 1:25-cv-01935	Amended Petition for Writ of Habeas Corpus and Complaint U.S. District Court for the Southern District of New York	March 13, 2025	March 13, 2025 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/69755532/khalil-v-joyce/

Last updated April 23, 2025, 4:42 p.m.

ECF Number	Description	Date	Link Date / Link
1	NOTICE OF APPEARANCE by Kyle Barron on behalf of M.K...(Barron, Kyle) (Entered: 03/09/2025)	March 9, 2025	March 9, 2025 PACER
2	PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-30735794)Document filed by M.K...(Greer, Amy) (Entered: 03/09/2025)	March 9, 2025	March 9, 2025 PACER
3	CIVIL COVER SHEET filed..(Greer, Amy) (Entered: 03/09/2025)	March 9, 2025	March 9, 2025 PACER
4	NOTICE OF APPEARANCE by Baher Azmy on behalf of M.K...(Azmy, Baher) (Entered: 03/10/2025)	March 10, 2025	March 10, 2025 PACER
5	NOTICE OF APPEARANCE by Samah Mcgona Sisay on behalf of M.K...(Sisay, Samah) (Entered: 03/10/2025)	March 10, 2025	March 10, 2025 PACER
6	NOTICE OF APPEARANCE by Diala Shamas on behalf of M.K...(Shamas, Diala) (Entered: 03/10/2025)	March 10, 2025	March 10, 2025 PACER
	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kyle Barron. The party information for the following party/parties has been modified: all defendants. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (gp)	March 10, 2025	March 10, 2025 PACER
	CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp)	March 10, 2025	March 10, 2025 PACER
	Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp)	March 10, 2025	March 10, 2025 PACER
	Case Designated ECF. (gp)	March 10, 2025	March 10, 2025 PACER
7	NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Ramzi Kassem on behalf of M.K..(Kassem, Ramzi) (Entered: 03/10/2025)	March 10, 2025	March 10, 2025 PACER
8	NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Shezza Abboushi Dallal on behalf of M.K..(Abboushi Dallal, Shezza) (Entered: 03/10/2025)	March 10, 2025	March 10, 2025 PACER
9	NOTICE OF CONFERENCE, It is hereby ORDERED that counsel for all parties appear for a conference with the Court on March 12, 2025 at 11:30 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Counsel must confer in advance of the conference and submit a joint letter, no later than March 11, 2025, at 5:00 p.m., indicating whether the conference is necessary and addressing how the Court should handle the present Petition. If counsel do not believe a conference is required, and that briefing is appropriate, counsel should propose a briefing schedule (expedited or otherwise) in the joint letter. No later than today, March 10, 2025, Petitioner's counsel is directed (1) to serve Respondents with a copy of the petition and accompanying papers, along with a copy of this Order, by e-mail to the United States Attorney's Office for the Southern District of New York and by overnight mail, and (2) to promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. SO ORDERED. ( Status Conference set for 3/12/2025 at 11:30 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/10/25) (yv) (Entered: 03/10/2025)	March 10, 2025	March 10, 2025 PACER
10	NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of William P. Joyce, Caleb Vitello, Kristi Noem, Pamela Bondi..(Oestericher, Jeffrey) (Entered: 03/10/2025)	March 10, 2025	March 10, 2025 PACER
11	MOTION to Compel Respondents to Return Petitioner to this District . Document filed by M.K.. (Attachments: # 1 Exhibit Declaration of Amy Greer, Esq.).(Kassem, Ramzi) (Entered: 03/10/2025)	March 10, 2025	March 10, 2025 PACER
12	NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of William P. Joyce, Caleb Vitello, Kristi Noem, Pamela Bondi..(Waterman, Brandon) (Entered: 03/10/2025)	March 10, 2025	March 10, 2025 PACER
13	CERTIFICATE OF SERVICE of Summons and Petition for Writ of Habeas Corpus. Pamela Bondi served on 3/10/2025, answer due 3/31/2025; William P. Joyce served on 3/10/2025, answer due 3/31/2025; Kristi Noem served on 3/10/2025, answer due 3/31/2025; Caleb Vitello served on 3/10/2025, answer due 3/31/2025. Service was made by Email. Document filed by M.K...(Azmy, Baher) (Entered: 03/10/2025)	March 10, 2025	March 10, 2025 PACER
	NOTICE: The conference scheduled for March 12, 2025, at 11:30 a.m. will be held in Courtroom 110 (NOT Judge Furman's usual courtroom.) -- Alexandra Smallman, Courtroom Deputy to the Hon. Jesse M. Furman.	March 11, 2025	March 11, 2025 PACER
14	AFFIDAVIT OF SERVICE of petition and accompanying papers served on United States Attorney's Office for the Southern District of New York on 3/11/2025. Service was accepted by Gary Dowling. Document filed by M.K.. (Attachments: # 1 Exhibit Stamped copy of cover lever).(Sisay, Samah) (Entered: 03/11/2025)	March 11, 2025	March 11, 2025 PACER
15	NOTICE OF APPEARANCE by Robert Andrew Hodgson on behalf of M.K...(Hodgson, Robert) (Entered: 03/11/2025)	March 11, 2025	March 11, 2025 PACER
16	NOTICE OF APPEARANCE by Molly Knopp Biklen on behalf of M.K...(Biklen, Molly) (Entered: 03/11/2025)	March 11, 2025	March 11, 2025 PACER
17	NOTICE OF APPEARANCE by Amy Belsher on behalf of M.K...(Belsher, Amy) (Entered: 03/11/2025)	March 11, 2025	March 11, 2025 PACER
18	NOTICE OF APPEARANCE by Veronica Salama on behalf of M.K...(Salama, Veronica) (Entered: 03/11/2025)	March 11, 2025	March 11, 2025 PACER
19	NOTICE OF APPEARANCE by Esha Bhandari on behalf of M.K...(Bhandari, Esha) (Entered: 03/11/2025)	March 11, 2025	March 11, 2025 PACER
20	NOTICE OF APPEARANCE by Vera Eidelman on behalf of M.K...(Eidelman, Vera) (Entered: 03/11/2025)	March 11, 2025	March 11, 2025 PACER
21	NOTICE OF APPEARANCE by Brett Max Kaufman on behalf of M.K...(Kaufman, Brett) (Entered: 03/11/2025)	March 11, 2025	March 11, 2025 PACER
22	NOTICE OF APPEARANCE by Noor Zafar on behalf of M.K...(Zafar, Noor) (Entered: 03/11/2025)	March 11, 2025	March 11, 2025 PACER
23	NOTICE OF APPEARANCE by Omar C. Jadwat on behalf of M.K...(Jadwat, Omar) (Entered: 03/11/2025)	March 11, 2025	March 11, 2025 PACER
24	LETTER addressed to Judge Jesse M. Furman from Baher Azmy dated 3/11/25 re: Joint Letter. Document filed by M.K., William P. Joyce, Caleb Vitello, Kristi Noem, Pamela Bondi..(Azmy, Baher) (Entered: 03/11/2025)	March 11, 2025	March 11, 2025 PACER
25	NOTICE OF APPEARANCE by Brian Matthew Hauss on behalf of M.K...(Hauss, Brian) (Entered: 03/11/2025)	March 11, 2025	March 11, 2025 PACER
26	NOTICE OF APPEARANCE by Joshua Lewis Dratel on behalf of M.K...(Dratel, Joshua) (Entered: 03/12/2025)	March 12, 2025	March 12, 2025 PACER
27	NOTICE OF APPEARANCE by Lindsay Anne Lewis on behalf of M.K...(Lewis, Lindsay) (Entered: 03/12/2025)	March 12, 2025	March 12, 2025 PACER
28	LETTER addressed to Judge Jesse M. Furman from Robert J. Tolchin, Esq. dated 3-12-25 re: seeking review of public access restrictions for documents filed in this proceeding. Document filed by Shurat HaDin - Israel Law Center..(Tolchin, Robert) (Entered: 03/12/2025)	March 12, 2025	March 12, 2025 PACER
29	ORDER As stated on the record during the conference held earlier today: With the consent of both parties, the Court orders that the limitations on remote access to electronic files otherwise applicable in this case, see Fed. R. Civ. P. 5.2(c), are lifted. Accordingly, the Clerk of Court is directed to lift all viewing restrictions on the docket - i.e., to make all prior filings electronically available to the public - and to update the docket to conform with the caption of this Order. All future filings shall be publicly available unless the Court grants leave to file something under seal or in redacted form. Any application to file a document in such a manner shall be made in accordance with the Court's Individual Rules and Practices for Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The Government shall file its Motion to Transfer or Dismiss for Improper Venue by 11:59 p.m. tonight. Briefing on that motion and Petitioner's Motion to Compel Respondents to Return Petitioner to this District, see ECF No. 11, shall then proceed as follows: The parties shall file their oppositions by March 14, 2025, at 11:59 p.m.; and the parties shall file their replies by March 17, 2025, at 5:00 p.m. Petitioner shall file an Amended Petition no later than March 13, 2025, at 9:00 p.m. After the Amended Petition is filed, the parties shall confer and then file a joint letter, no later than March 14, 2025, at 12:00 p.m., proposing next steps, including an expedited schedule for any additional motion practice. With the consent of the Government, Petitioner shall be granted at least one privileged attorney-client call (of at least one hour) today and at least one such call (also of at least one hour) tomorrow. The Government raised no objection to the temporary relief that the Court granted in its Notice of Conference entered on March 10, 2025. See ECF No. 9, at 1 ("To preserve the Courts jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise." (citing cases)). Accordingly, that order remains in effect. SO ORDERED. (Amended Pleadings due by 3/13/2025., Motions due by 3/12/2025., Replies due by 3/17/2025., Responses due by 3/14/2025) (Signed by Judge Jesse M. Furman on 3/12/2025) (jca) (Entered: 03/12/2025)	March 12, 2025	March 12, 2025 PACER
	Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 3/12/2025. Court reporter present. (ab)	March 12, 2025	March 12, 2025 PACER
30	MOTION to Dismiss or Transfer. Document filed by William P. Joyce, Caleb Vitello, Kristi Noem, Pamela Bondi..(Waterman, Brandon) (Entered: 03/12/2025)	March 12, 2025	March 12, 2025 PACER
31	MEMORANDUM OF LAW in Support re: 30 MOTION to Dismiss or Transfer. . Document filed by William P. Joyce, Caleb Vitello, Kristi Noem, Pamela Bondi. (Attachments: # 1 Exhibit Transcript from Suraiya v. Cioppa).(Waterman, Brandon) (Entered: 03/12/2025)	March 12, 2025	March 12, 2025 PACER
32	DECLARATION of Acting Field Office Director William P. Joyce in Support re: 30 MOTION to Dismiss or Transfer.. Document filed by William P. Joyce, Caleb Vitello, Kristi Noem, Pamela Bondi..(Waterman, Brandon) (Entered: 03/12/2025)	March 12, 2025	March 12, 2025 PACER
33	MOTION for Kyle Barron to Withdraw as Attorney . Document filed by Mahmoud Khalil. (Attachments: # 1 Proposed Order Granting Motion to Withdraw as Counsel).(Barron, Kyle) (Entered: 03/13/2025)	March 13, 2025	March 13, 2025 PACER
34	ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL FOR PETITIONER granting 33 MOTION for Kyle Barron to Withdraw as Attorney. IT IS HEREBY ORDERED that Kyle Barron is withdrawn as counsel for Petitioner and shall be removed from the Case Management/Electronic Case Files (CM/ECF) notification in the above-captioned proceeding. The Clerk of Court is directed to terminate ECF No. 33. SO ORDERED. Attorney Kyle Barron terminated (Signed by Judge Jesse M. Furman on 3/13/2025) (jca) (Entered: 03/13/2025)	March 13, 2025	March 13, 2025 PACER
35	ORDER By Order entered yesterday, the Court directed the Clerk of Court to lift the restrictions otherwise applicable under Rule 5.2(c) of the Federal Rules of Civil Procedure. See ECF No. 29. The Court has been advised by the Clerk of Court that the only (or easiest) way to accomplish that for filings going forward is to change the nature of suit code. Accordingly, the Clerk of Court is directed to change the nature of suit code to No. 530, "Habeas Corpus," thereby lifting the limitations on remote electronic access to the docket imposed by Rule 5.2(c). SO ORDERED. (Signed by Judge Jesse M. Furman on 3/13/2025) (jca) (Entered: 03/13/2025)	March 13, 2025	March 13, 2025 PACER
36	DECLARATION of Acting Field Office Director William P. Joyce (SUPPLEMENTAL) in Support re: 30 MOTION to Dismiss or Transfer.. Document filed by William P. Joyce, Caleb Vitello, Kristi Noem, Pamela Bondi..(Waterman, Brandon) (Entered: 03/13/2025)	March 13, 2025	March 13, 2025 PACER
37	LETTER addressed to Judge Jesse M. Furman from Brandon M. Waterman dated March 13, 2025 re: Supplemental Declaration of William P. Joyce. Document filed by William P. Joyce, Caleb Vitello, Kristi Noem, Pamela Bondi..(Waterman, Brandon) (Entered: 03/13/2025)	March 13, 2025	March 13, 2025 PACER
38	FIRST AMENDED COMPLAINT against Pamela Bondi, William P. Joyce, Kristi Noem, Shurat HaDin - Israel Law Center, Caleb Vitello, Donald J. Trump, Marco Rubio.Document filed by Mahmoud Khalil..(Belsher, Amy) (Entered: 03/13/2025)	March 13, 2025	March 13, 2025 PACER
39	LETTER addressed to Judge Jesse M. Furman from Robert Hodgson dated March 13, 2025 re: Redline pursuant to Individual Rule 1B. Document filed by Mahmoud Khalil. (Attachments: # 1 Exhibit Redline (Amended and Original Petitions) pursuant to Individual Rule 1B).(Hodgson, Robert) (Entered: 03/13/2025)	March 13, 2025	March 13, 2025 PACER
40	JOINT LETTER addressed to Judge Jesse M. Furman from AUSA Jeffrey Oestericher dated 03/14/2025 re: Parties' competing proposed briefing schedules. Document filed by Donald J. Trump, Marco Rubio, William P. Joyce, Caleb Vitello, Kristi Noem, Pamela Bondi..(Oestericher, Jeffrey) (Entered: 03/14/2025)	March 14, 2025	March 14, 2025 PACER
41	REQUEST FOR ISSUANCE OF SUMMONS as to Donald J. Trump, re: 38 Amended Complaint. Document filed by Mahmoud Khalil..(Biklen, Molly) (Entered: 03/14/2025)	March 14, 2025	March 14, 2025 PACER
42	REQUEST FOR ISSUANCE OF SUMMONS as to Marco Rubio, re: 38 Amended Complaint. Document filed by Mahmoud Khalil..(Biklen, Molly) (Entered: 03/14/2025)	March 14, 2025	March 14, 2025 PACER
43	MEMO ENDORSEMENT on 40 Letter re Parties' competing proposed briefing schedules: The Court hereby adopts Petitioner's proposed briefing schedule for the motion for a preliminary injunction. Petitioner shall file his motion for bail by tonight at 11:59 p.m. Respondents shall file any opposition to that motion by 11:59 p.m. one business day after the Court rules on Respondents' Motion to Dismiss or Transfer or by 11:59 p.m. on Wednesday, March 19, 2025, whichever is sooner. Petitioner shall file any reply by 11:59 p.m. one business day after Respondents file their opposition. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/14/2025) (ab) (Entered: 03/14/2025)	March 14, 2025	March 14, 2025 PACER
44	TRANSCRIPT of Proceedings re: CONFERENCE held on 3/12/2025 before Judge Jesse M. Furman. Court Reporter/Transcriber: Amy Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/4/2025. Redacted Transcript Deadline set for 4/14/2025. Release of Transcript Restriction set for 6/12/2025..(McGuirk, Kelly) (Entered: 03/14/2025)	March 14, 2025	March 14, 2025 PACER
45	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/12/2025 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 03/14/2025)	March 14, 2025	March 14, 2025 PACER
46	NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Alina Das on behalf of Mahmoud Khalil.(Das, Alina) (Entered: 03/14/2025)	March 14, 2025	March 14, 2025 PACER
47	MEMORANDUM OF LAW in Opposition re: 11 MOTION to Compel Respondents to Return Petitioner to this District . . Document filed by William P. Joyce, Caleb Vitello, Kristi Noem, Pamela Bondi..(Waterman, Brandon) (Entered: 03/14/2025)	March 14, 2025	March 14, 2025 PACER
48	DECLARATION of Acting Field Office Director, New York City Field Office, William P. Joyce in Opposition re: 11 MOTION to Compel Respondents to Return Petitioner to this District .. Document filed by William P. Joyce, Caleb Vitello, Kristi Noem, Pamela Bondi..(Waterman, Brandon) (Entered: 03/14/2025)	March 14, 2025	March 14, 2025 PACER
49	DECLARATION of Field Office Director, New Orleans Field Office, Mellissa Harper in Opposition re: 11 MOTION to Compel Respondents to Return Petitioner to this District .. Document filed by William P. Joyce, Caleb Vitello, Kristi Noem, Pamela Bondi..(Waterman, Brandon) (Entered: 03/14/2025)	March 14, 2025	March 14, 2025 PACER
50	MEMORANDUM OF LAW in Opposition re: 30 MOTION to Dismiss or Transfer. . Document filed by Mahmoud Khalil. (Attachments: # 1 Exhibit Declaration of Veronica R. Salama).(Kaufman, Brett) (Entered: 03/14/2025)	March 14, 2025	March 14, 2025 PACER
51	NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Mudassar Hayat Toppa on behalf of Mahmoud Khalil.(Toppa, Mudassar) (Entered: 03/14/2025)	March 14, 2025	March 14, 2025 PACER
52	NOTICE of of Motion. Document filed by Mahmoud Khalil. (Attachments: # 1 Proposed Order for release).(Sisay, Samah) (Entered: 03/15/2025)	March 14, 2025	March 14, 2025 PACER
53	MOTION for release . Document filed by Mahmoud Khalil..(Sisay, Samah) (Entered: 03/15/2025)	March 15, 2025	March 15, 2025 PACER
54	LETTER MOTION to Seal addressed to Judge Jesse M. Furman from Alina Das dated March 14, 2025. Document filed by Mahmoud Khalil..(Sisay, Samah) (Entered: 03/15/2025)	March 15, 2025	March 15, 2025 PACER
55	DECLARATION of Noor Ramez Abdalla in Support re: 53 MOTION for release .. Document filed by Mahmoud Khalil..(Sisay, Samah) (Entered: 03/15/2025)	March 15, 2025	March 15, 2025 PACER
56	DECLARATION of Samah Sisay in Support re: 54 LETTER MOTION to Seal addressed to Judge Jesse M. Furman from Alina Das dated March 14, 2025.. Document filed by Mahmoud Khalil. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G).(Sisay, Samah) (Entered: 03/15/2025)	March 15, 2025	March 15, 2025 PACER
57	*SELECTED PARTIES*DECLARATION of Samah Sisay in Support re: 54 LETTER MOTION to Seal addressed to Judge Jesse M. Furman from Alina Das dated March 14, 2025.. Document filed by Mahmoud Khalil, Pamela Bondi, William P. Joyce, Kristi Noem, Marco Rubio, Donald J. Trump, Caleb Vitello. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G)Motion or Order to File Under Seal: 54 .(Sisay, Samah) (Entered: 03/15/2025)	March 15, 2025	March 15, 2025 PACER
58	DECLARATION of Samah Sisay in Support re: 53 MOTION for release .. Document filed by Mahmoud Khalil. (Attachments: # 1 Exhibit H).(Sisay, Samah) (Entered: 03/15/2025)	March 15, 2025	March 15, 2025 PACER
59	LETTER MOTION for Leave to File delayed filing of Petitioner's Motion for Release addressed to Judge Jesse M. Furman from Samah Sisay dated March 15, 2025. Document filed by Mahmoud Khalil. (Attachments: # 1 Exhibit A).(Sisay, Samah) (Entered: 03/15/2025)	March 15, 2025	March 15, 2025 PACER
60	LETTER addressed to Judge Jesse M. Furman from Samah Sisay dated March 15, 2025 re: Respondents Consent to Petitioner's Motion For Leave to File. Document filed by Mahmoud Khalil..(Sisay, Samah) (Entered: 03/15/2025)	March 15, 2025	March 15, 2025 PACER
61	ORDER temporarily granting 54 Letter Motion to Seal: The Court will assess whether to keep the materials at issue sealed or redacted when deciding the underlying motion. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 03/15/2025)	March 15, 2025	March 15, 2025 PACER
62	ORDER granting 59 Letter Motion for Leave to File delayed filing of Petitioner's Motion for Release: The motion is granted on consent. See ECF No. 60 . (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 03/15/2025)	March 15, 2025	March 15, 2025 PACER
63	ORDER with respect to 30 Motion to Dismiss or Transfer: Per the attached Order, the parties are directed to address (in Respondents' forthcoming reply and in a supplemental submission by Petitioner) the import, if any, of certain statutes. SEE ORDER FOR DETAILS. (Signed by Judge Jesse M. Furman on 3/16/25) (Furman, Jesse) (Entered: 03/16/2025)	March 16, 2025	March 16, 2025 PACER
	***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Amy Belsher. The party information for the following party/parties has been modified: Donald J. Trump, Marco Rubio. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc)	March 17, 2025	March 17, 2025 PACER
64	ELECTRONIC SUMMONS ISSUED as to Marco Rubio..(pc) (Entered: 03/17/2025)	March 17, 2025	March 17, 2025 PACER
65	ELECTRONIC SUMMONS ISSUED as to Donald J. Trump..(pc) (Entered: 03/17/2025)	March 17, 2025	March 17, 2025 PACER
66	MOTION for Preliminary Injunction . Document filed by Mahmoud Khalil..(Hodgson, Robert) (Entered: 03/17/2025)	March 17, 2025	March 17, 2025 PACER
67	MEMORANDUM OF LAW in Support re: 66 MOTION for Preliminary Injunction . . Document filed by Mahmoud Khalil..(Hodgson, Robert) (Entered: 03/17/2025)	March 17, 2025	March 17, 2025 PACER
68	DECLARATION of Veronica Salama in Support re: 66 MOTION for Preliminary Injunction .. Document filed by Mahmoud Khalil. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D).(Hodgson, Robert) (Entered: 03/17/2025)	March 17, 2025	March 17, 2025 PACER
69	PROPOSED ORDER. Document filed by Mahmoud Khalil. Related Document Number: 66 ..(Hodgson, Robert) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 03/17/2025)	March 17, 2025	March 17, 2025 PACER
70	SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 30 MOTION to Dismiss or Transfer. In Response to Court's March 16 Order. Document filed by Mahmoud Khalil..(Kaufman, Brett) (Entered: 03/17/2025)	March 17, 2025	March 17, 2025 PACER
	***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 69 Proposed Order was reviewed and approved as to form. (nd)	March 17, 2025	March 17, 2025 PACER
71	REPLY MEMORANDUM OF LAW in Support re: 30 MOTION to Dismiss or Transfer. . Document filed by Pamela Bondi, William P. Joyce, Kristi Noem, Marco Rubio, Donald J. Trump, Caleb Vitello..(Waterman, Brandon) (Entered: 03/17/2025)	March 17, 2025	March 17, 2025 PACER
72	DECLARATION of Second Supplemental Declaration of Acting New York City Field Office Director William P. Joyce in Support re: 30 MOTION to Dismiss or Transfer.. Document filed by Pamela Bondi, William P. Joyce, Kristi Noem, Marco Rubio, Donald J. Trump, Caleb Vitello..(Waterman, Brandon) (Entered: 03/17/2025)	March 17, 2025	March 17, 2025 PACER
73	REPLY MEMORANDUM OF LAW in Support re: 11 MOTION to Compel Respondents to Return Petitioner to this District . . Document filed by Mahmoud Khalil. (Attachments: # 1 Exhibit Declaration of Mahmoud Khalil, # 2 Exhibit Declaration of Katherine Kim, Esq., # 3 Exhibit Declaration of Laura Rodriguez, Esq.).(Kassem, Ramzi) (Entered: 03/17/2025)	March 17, 2025	March 17, 2025 PACER
74	CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Jesse M. Furman from Brandon M. Waterman dated March 17, 2025. Document filed by Pamela Bondi, William P. Joyce, Kristi Noem, Marco Rubio, Donald J. Trump, Caleb Vitello..(Waterman, Brandon) (Entered: 03/17/2025)	March 17, 2025	March 17, 2025 PACER
75	ORDER granting 74 CONSENT LETTER MOTION for Leave to File Excess Pages. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 03/17/2025)	March 17, 2025	March 17, 2025 PACER
76	FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sidra Mahfooz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30786736. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mahmoud Khalil. (Attachments: # 1 Affidavit Affidavit of Sidra Mahfooz, # 2 Supplement Certificate of Good Standing - Sidra Mahfooz, # 3 Proposed Order Proposed Order Granting Pro Hac Vice).(Mahfooz, Sidra) Modified on 3/19/2025 (bc). (Entered: 03/18/2025)	March 18, 2025	March 18, 2025 PACER
77	FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Tyler Takemoto to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30787082. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mahmoud Khalil. (Attachments: # 1 Affidavit Affidavit of Tyler Takemoto, # 2 Supplement Certificate of Good Standing - Tyler Takemoto, # 3 Proposed Order Proposed Order Granting Pro Hac Vice).(Takemoto, Tyler) Modified on 3/19/2025 (bc). (Entered: 03/18/2025)	March 18, 2025	March 18, 2025 PACER
78	OPINION AND ORDER granting in part and denying in part 30 MOTION to Dismiss or Transfer: For the reasons explained in the Opinion, the Court DENIES the Government's motion to dismiss the Petition but GRANTS its motion to transfer, albeit to the District of New Jersey, not to the Western District of Louisiana. The Court's 9 March 10, 2025 Order barring the Government from removing Petitioner (to which the Government has never raised an objection and which the Government has not asked the Court to lift in the event of transfer) shall remain in effect unless and until the transferee court orders otherwise. The Clerk of Court is directed to transfer the case to the United States District Court for the District of New Jersey forthwith, without regard for Local Civil Rule 83.1, which provides that "the Clerk [of Court], unless otherwise ordered, shall upon the expiration of seven (7) days effectuate the transfer of the case to the transferee court." (Signed by Judge Jesse M. Furman on 3/19/2025) (tro) (Entered: 03/19/2025)	March 19, 2025	March 19, 2025 RECAP
	Case Transferred Out - District Court Transfer	March 19, 2025	March 19, 2025 PACER
	Statement	March 19, 2025	March 19, 2025 PACER
	>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 76 MOTION for Sidra Mahfooz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30786736. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Wrong Judges name on Proposed Order;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bc)	March 19, 2025	March 19, 2025 PACER
	>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 77 MOTION for Tyler Takemoto to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30787082. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Wrong Judges Name on proposed order;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bc)	March 19, 2025	March 19, 2025 PACER
	CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey. (tro)	March 19, 2025	March 19, 2025 PACER
79	Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:25-cv-01935. Original file certified copy of transfer order and docket sheet received. (Entered: 03/19/2025)	March 19, 2025	March 19, 2025 RECAP
80	NOTICE of Appearance by NAZ AHMAD on behalf of Mahmoud Khalil (AHMAD, NAZ) (Entered: 03/19/2025)	March 19, 2025	March 19, 2025 RECAP

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Case Details

State / Territory: New Jersey

Case Type(s):

Speech and Religious Freedom

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Immigration Enforcement)

Trump Administration 2.0: Challenges to the Government (Diversity/Equity/Inclusion/Accessibility (DEIA) and/or Antisemitism)

Key Dates

Filing Date: March 9, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is a Columbia University student who was heavily involved in pro-Palestine demonstrations on Columbia's campus in late 2023 and early 2024. He is of Palestinian heritage and is a legal permanent resident of the United States.

Attorney Organizations:

Center for Constitutional Rights (CCR)

Legal Services/Legal Aid

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

New York Civil Liberties Union (NYCLU)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security (- United States (national) -), Federal