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Home » The judge refuses to change the venue of the ice in the case of a student detained in Tufts
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The judge refuses to change the venue of the ice in the case of a student detained in Tufts

adminBy adminApril 5, 2025No Comments4 Mins Read0 Views
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Rumesya Ozturk, a Turkish national and doctoral student, is among several international students facing deportation due to Palestinian activities.

A federal judge on Friday refused the government’s request to allow the case of a Tufts University student to proceed in Vermont and move the case to Louisiana, where students are currently in custody.

Rumesya Ozturk, a Turkish national and doctoral student, was detained by an immigration officer near his home in Somerville, a Boston suburb, on March 25th. Court documents show that she was transported within hours of her arrest before flying the next day to Louisiana Ice Export Enforcement Center the next day.
Oztzurk is one of several international students facing deportation as President Donald Trump moves to fulfill his pledge to cancel student visas for those accused of sympathizing with foreign terrorists, and is involved in pro-Palestinian activities.

In such cases, the Trump administration has invoked the same immigration law provisions that allow foreigners to be deported if the Secretary of State has justified reason for their presence or activity in the United States to bring about “potentially serious and unfavorable foreign policy implications” to the country.

On the day Ozturk was taken into custody, her attorney filed a petition in federal court in Boston seeking her immediate release. The government argued that it was invalid as ICE had already transported Oztalk to Vermont before a judge who did not want her to move, before ICE issued an order for her removal without proper notice for her removal from Massachusetts.

Mark Soter, who represents the Trump administration, further argued that the petition was invalid as he was mistakenly named Ozturk’s “immediate custodian” as Patricia Hyde, acting director of Ice’s Boston Field Office. According to Sauter, the appropriate respondent would have been an ICE officer who oversees detention in Vermont.

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Sauter also said that Massachusetts courts do not have jurisdiction to consider the case and order the relief requested. He urged the court to not dismiss the petition and to move the case to the Western District of Louisiana, where Ozturk is currently in custody.

Massachusetts area Judge Dennis Casper disagreed. On Friday’s order, she decided that Ozturk’s attorney should not be negligent in filing a petition in Massachusetts, considering it was impossible for her client to let them know where she was until her client arrived in Louisiana.

“The irregularity of arrest, detention and disposal here coupled with the government’s failure to disclose Ozurk’s location, even after he knew that she had an attorney and realized that the petition had been filed in this court,” the judge wrote.

Casper ultimately determined that the Vermont area was the right place for the incident as Ozturk was held overnight when the petition was filed. She cited federal law that allows lawsuits filed at the wrong venue to be transferred to the district where they were originally brought in.

“In order for Ozturk to have the opportunity to secure and maintain the status quo in the Vermont area, this court’s order on March 28, 2025 prohibiting the government from removing her from the United States will remain in effect unless ordered by the assignee’s court,” her order read.

Oztulk’s lawyer Mahsa Kambabai said in a statement that they welcomed the decision.

“Let’s be clear. Lu Messa should not have been arrested or detained by the ice in the first place. Most importantly, our ongoing fight to ensure her immediate release and safe return.”

The Ozturk incident unfolds in a broader effort by the Trump administration to deport foreign students involved in protesting Israeli military campaigns in Gaza. Hamas is a terrorist organization designated by the United States.

A year before her detention, Oztalk was listed as a co-author of a student newspaper article that urged the university to turn down economic ties with Israel.

The article, published in Tufts Daily, criticized university administrators for being described as a “rejection” response to the student government’s resolution. These resolutions urged the university to recognize the “Palestine genocide” and sell it from companies that do business directly or indirectly with Israel.

In her work, Ozturk and her co-authors described the resolution as “an honest effort to hold Israel accountable” for what has been characterized as “an indiscriminate massacre of Palestinian civilians.”

It is not immediately clear whether she was engaged in other forms of pro-Palestinian activities beyond this manipulation.



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