Overview

• Oral arguments opened Tuesday in New York on Justice Department efforts to overturn bail orders for Rumeysa Ozturk and Mohsen Mahdawi.
• Ozturk, a Tufts doctoral candidate from Turkey, was arrested in March in an encounter captured on video and spent six weeks in ICE custody.
• Mahdawi was detained in April after completing a naturalization interview, and both students later secured release from district courts.
• The government contends habeas challenges to detention are barred until the administrative process ends, while the students’ lawyers warn that such delays chill protected speech.
• The Intercept reports the panel is composed of three Republican-appointed judges, with one previously signaling agreement with the government’s jurisdictional position.