A federal judge has ruled that Dr. Badar Khan Suri’s habeas case will stay in Virginia. The case, which alleges violations of his constitutional rights, will be heard in the U.S. District Court for the Eastern District of Virginia – Alexandria Division.
The decision, made on May 6, allows Dr. Khan Suri to challenge the constitutionality of his arrest and detention in Virginia, where his family lives. Dr. Khan Suri, a Georgetown scholar with a valid visa and married to a U.S. citizen, was arrested by federal immigration agents on March 17.
The court decided that the government’s unusual and quick transfer of Dr. Khan Suri across state lines justified an exception to the usual rules about where habeas petitions should be filed.
On May 14, the federal court in Alexandria will hear motions to bring Dr. Khan Suri back to Virginia and release him on bond. Meanwhile, an immigration court in Texas has set a follow-up hearing for June 3 in his immigration case.
Dr. Khan Suri’s legal challenge points to violations of the First Amendment, the Due Process Clause of the Fifth Amendment, and the Administrative Procedure Act. He’s being represented by the ACLU of Virginia, the Center for Constitutional Rights, the HMA Law Firm, and the Immigrants and Non-Citizens Rights Clinic at the CUNY School of Law.
More of our reporting on this case;
