Judge Orders Öztürk Sent Back to Vermont from Louisiana

Federal District Court Judge William K. Sessions III ordered that Immigration and Customs Enforcement must return Rümeysa Öztürk from Louisiana to its Vermont detention facility by no later than 1 May 2025.

Donald Trump’s regime asserted that Öztürk’s petition of habeas corpus should be dismissed. Ostensibly, having it filed in the jurisdiction where she was taken into custody was “improper” because she was quickly transported elsewhere and was no longer there by the time the filing was made. Her lawyers were not able to find her whereabouts until after she was in Louisiana. Sessions decided District Court in Vermont has jurisdiction over Öztürk’s petition.

“The Court denies the government’s request to dismiss the Petition and orders that Ms. Ozturk be transferred to ICE custody within the District of Vermont pending further hearings on this matter.”

Öztürk’s legal counsel argued that her First and Fifth Amendment rights have been violated. Sessions said counsel “presented viable and serious habeas claims which warrant urgent review” but said the court does not yet have enough evidence to determine whether her constitutional rights  have indeed been violated, in which case she should be released.

Sessions wrote, “The Court finds that Ms. Ozturk’s physical return to ICE custody within the District of Vermont is in the interest of justice because transfer would assist the Court’s exploration of the important constitutional questions in this case, would allow the Court to conduct appropriate fact-finding including to support a potential bail hearing, and would otherwise have no impact on removal proceedings.”

It will also let her get “neutral medical evaluation” to help the court assess her condition while it considers bail and release. Öztürk has asthma, has suffered asthma attacks while in custody and reportedly for at least some of her time in detention she has not had adequate access to her medication.

Sessions scheduled a bail hearing for 9 May at which Öztürk will appear in person. A hearing on the merits of her habeas petition is scheduled for 22 May.

In separate proceedings, a federal immigration judge in Louisiana denied bond for Öztürk on Wednesday.

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