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Judge Sessions: The court agrees that Mapp v. Reno is the controlling standard. The court finds that Rümeysa Öztürk has sufficiently established all 3 factors: *very* substantial First Amendment claim. We asked govt 3 wks ago to introduce any evidence apart from op-ed! "There is no evidence here."
Judge Sessions: In addition, the court also finds that Öztürk has raised significant due-process issues re: detention. Very significant questions about whether the intention of the govt in detaining her was punitive. Also process by which she was placed in detention: v serious due-process concerns
Judge Sessions: I do find, frankly, that these are very serious claims of due process and First Amendment violations. Extraordinary circumstances are really self-evident. Öztürk is asthmatic, she is suffering as a result of her incarceration. I found medical testimony very persuasive.
Judge Sessions: Was ICE moving Öztürk around while/after Massachusetts judge issued order to keep her in Massachusetts a deliberate effort to evade? Don't know! Maybe will address in future proceedings. But extraordinary!
Judge Sessions: Third Mapp factor: necessary to make habeas claim effective. Detention is further restriction of Öztürk's First Amendment and due-process rights.
Meanwhile, detention "further chills the speech of millions and millions" noncitizens through out the country.
**** Judge Sessions GRANTS BAIL/RELEASE to Rümeysa Öztürk: "The court finds that [Rümeysa Öztürk's] continued detention cannot stand."
Judge Sessions: I will just express my own observation that this is a woman totally committed to her academic career. Reaches out to other members of her community in a caring and compassionate way! No evidence of violence, no criminal record! She has done nothing other than attend her university.
Judge Session: I see no evidence of risk or danger of any kind. The court orders ICE to release Rümeysa Öztürk from custody IMMEDIATELY. She is free to return to her home in Massachusetts. Also free to travel within Mass and VT. I'm not going to restrict her travel, because I see no danger of flight
May 9, 2025 17:16Judge Sessions: Furthermore, as part of her career, it appears that travel is necessary (for conferences, etc.). No reason to restrict. Will release on her own recognizance. Burlington Center will be engaged to support and supervise her. Monthly contact with monthly report to court.
Judge Sessions: I understand that ICE may have conditions that are standard in removal cases, but in this court she isn't here for removal proceedings. I'm not going to impose ICE conditions at this point, but the govt can submit proposed conditions to the court, and I and parties can review later.
