Again, court need not answer those questions...can be addressed when we deal with habeas hearing. But I do find, frankly, that these are very substantial 1A and due process violations. So then in Mapp we go to extraordinary circumstances

The extraordinary circumstances are self-evident. She is asthmatic. She is suffering. I find doctor's testimony to be compelling. She is exposed to the smells and scents of cleaning supplies etc that exacerbate her ashthma. She may suffer additional health damage. That's extraordinary circumstance

In fact, this needs to be resolved AT THIS POINT. Needs to be resolved now or else there could be further harm. That's not only extraordinary circumstance. Judge notes circumstances of her being taken off street in Somerville, then transported amid judge's order not to move her out of Mass

Judge said he's not sure if government knew about the order, if they acted in good faith, etc. That might come up later. But it's an extraordinary circumstance of the government never responding to the court to say that she was in a different location and could be brought back. Raises questions

Third factor in Mapp: This factor dovetails with others, need to show that release is necessary to make habeas effective. As discussed, government has not presented legitimate case. Meanwhile, her continued detention chills speech of millions in this country who are not citizens.

FOR ALL OF THOSE REASONS, COURT FINDS THAT HER CONTINUED DETENTION CANNOT STAND. BAIL IS NECESSARY TO MAKE HABEAS REMEDY EFFECTIVE.

As for conditions of release, judge says that he invited the government to present any information that would support a finding of dangerousness or flight risk. There is no evidence submitted by the government to that end -- no evidence.

Judge Sessions: On other hand, Ozturk submitted numerous sworn affidavits attesting to peaceful and compassionate character as well as to ties to the university community. My own observation is that she is a woman totally committed to her academic career.

So therefore the court finds that she does not pose danger to community or present risk of flight. THE COURT ORDERS THE GOVERNMENT TO RELEASE OZTURK FROM CUSTODY IMMEDIATELY. "Ms. Ozturk is free to return to her home in Massachusetts."