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Judge demands evidence against Mahmoud Khalil, says she'll drop the case if she doesn't get it

Mahmoud Khalil appears in court for detention hearing
Mahmoud Khalil appears in court for detention hearing 02:14

Detained Columbia University graduate and pro-Palestinian activist Mahmoud Khalil appeared before an immigration judge in Louisiana Tuesday. 

Khalil, 30, has been detained since he was taken into custody in the lobby of his Columbia apartment building last month. He was then transferred to New Jersey briefly before being flown to an ICE detention center in Louisiana.

Secretary of State Marco Rubio is seeking to deport Khalil under a federal immigration provision allowing for the removal of non-citizens deemed a threat to foreign policy. Khalil denied all the allegations against him.

"I'd like to see the evidence"

Judge Jamee Comans said the Department of Homeland Security has until 5 p.m. Wednesday to provide evidence that Khalil should be deported, or else she'll drop the case Friday. 

"I'd like to see the evidence," Comans said. 

Khalil's attorney told the judge that so far he has "not received a single document" in response to his request for evidence. 

No cameras were allowed in the court during his appearance. 

Khalil, a green card holder, became a leader in Columbia's pro-Palestinian movement last year. He has not been charged with a crime, but federal officials have said he led activities "aligned to Hamas," the terrorist organization. His attorneys say there's no evidence of that.

Khalil's immigration attorney released the following statement:

"The government has not produced a single shred of evidence to date to support any of its allegations or charges in this case including its outrageous position that Mahmoud's mere presence and activities in this country have potentially serious adverse foreign policy consequences.  Yet the Immigration judge today stated she intends to rule Friday on the merits of this outlandish charge with no realistic opportunity for Mahmoud and his lawyers to contest this baseless charge. If this turns out to be what happens Friday, it would be an uncalled for rush to judgement that would completely deprive Mahmoud of any due process which is a foundation of our legal system. What this case is really about is whether lawful permanent residents—and other immigrants to this country—can speak out about what is happening in Gaza, or any other important matters of discussion in the national discourse without fear of deportation for expressing beliefs that are completely protected by the First Amendment. Are US citizens going to be next?"

Khalil's wife about to give birth

Khalil's wife Dr. Noor Abdalla is now nine months pregnant with their son. She released a letter Tuesday. 

"I am haunted by... the possibility that you might not be there for this monumental moment," Abdalla wrote. "I have no doubt that, when you are finally released, you will raise your hands in the air, chanting 'Free Palestine.'" 

Khalil's attorneys spoke out after his last hearing in Newark, where the case was to be transferred. 

"No matter what happens in court, what's most important is for all of us to keep up the pressure to let this government know that it cannot suppress speech, any form of speech, including Palestinian speech," attorney Ramzi Kassem said back on March 29.

Last Friday, Khalil wrote an op-ed in the Columbia Spectator accusing the school of being complicit in his "abduction." 

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