A judge is challenging the federal government to justify why a University of Minnesota student from Turkey remains jailed and was stripped of his student visa.
Doğukan Günaydin, 28, filed a petition — known as a writ — in U.S. District Court on Sunday challenging his apprehension outside his St. Paul home and visa revocation. The U.S. Department of Homeland Security justified the action based on Günaydin having a drunken driving conviction on his record.
Late Wednesday, U.S. District Judge Douglas Micko ordered President Donald Trump and others in his Cabinet to explain to the court by Thursday why Günaydin should not be granted release from the Sherburne County jail and have his visa status restored as his case proceeds.
“Respondents are directed to file an answer ... certifying the true cause and proper duration of [Günaydin’s] confinement and showing cause why the writ should not be granted in this case,” Micko’s order read.
The answer should include “a reasoned memorandum of law and fact explaining [the government’s] legal position [and a] recommendation on whether an evidentary hearing should be conducted.”
If federal officials either fail to reply or their argument is not convincing, that clears the way for Günaydin’s release.
Once the government makes its filing by Thursday, Günaydin has seven days to respond, the judge wrote.
There is no indication that U.S. Immigration and Customs and Enforcement (ICE) targeted Günaydin for any protest activities in opposition to White House policies, as has been the case for other international college students as part of a broader federal crackdown.