Judge Orders Mahmoud Khalil Case Moved from Louisiana to New Jersey

Federal District Court Judge Jesse Furman, who ordered the government not to deport Mahmoud Khalil while his legal challenge is heard, ordered his case transferred to District Court in New Jersey.

The government wanted Furman to transfer the case to Louisiana, where Mahmoud has been physically moved and where the Appeals Court is more likely to rule as the government wishes on any appeal.

Furman said because Khalil was being held in New Jersey when his lawyers submitted their filing, the court in New York “lacks jurisdiction over most, if not all, of Khalil’s claims.”

Therefore “the one and only district in which Khalil could have filed his Petition when he did” was New Jersey and laws about transfer of civil cases between federal district courts “dictate that the case be sent there,” not to Louisiana.

Furman’s10 March order banning deportation of Khalil while the legal challenge is heard remains in effect “unless and until the transferee court [in New Jersey] orders otherwise.”

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