The Department of Justice filed an appeal of last Friday’s decision in Rümeysa Öztürk’s case late Tuesday.
The filing of a notice of appeal ordinarily divests the district court of jurisdiction, so the schedule set by judge William K. Sessions III is now in doubt. That schedule included a bail hearing set for May 9, a hearing on the merits of her case on May 22, and the order requiring her be moved to Vermont by May 1 from Louisiana, where the Turkish Tufts grad student was whisked to after her March 25 seizure by federal agents.
U.S. Immigration and Customs Enforcement still has not shown evidence Öztürk did anything but co-write an essay in The Tufts Daily.
The government’s actions came as lawmakers went to Louisiana to see Öztürk and Mahmoud Khalil, a student seized from Columbia in New York. U.S. Sen. Ed Markey and U.S. Rep. Ayanna Pressley were among those visiting the facilities where the students are being detained.
“This is not normal. No part of this is legal or just. My constituents deserve to live free from fear. Our freedoms and our destinies are tied,” Pressley said on social media.
Because of document restrictions on immigration cases, the government’s filings were not immediately available Tuesday. Öztürk’s lawyers did not immediately respond to a request for the filings.
The appeal will shift eyes to the Second Circuit Court of Appeals in New York, which is responsible for appeals from the District of Vermont. As of Tuesday night, the court has not docketed the appeal. It is likely to set a schedule Wednesday or Thursday.
Pursuant to the rules for appeals, the government also sought an order from Sessions pausing his Friday orders. The details of the government’s request are not available.
Marc Levy contributed to this report.
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