Israeli Appeals Court Upholds Ruling to Return Kidnapped Boy to Italy

Aya Biran, the maternal aunt of Eitan Biran, a 6-year-old boy, the sole survivor of an Italian cable car disaster and the focus of a cross-border custody battle, arrives to the District court in Tel Aviv, Israel November 11, 2021. REUTERS/Ronen Zvulun
Aya Biran, the maternal aunt of Eitan Biran, a 6-year-old boy, the sole survivor of an Italian cable car disaster and the focus of a cross-border custody battle, arrives to the District court in Tel Aviv, Israel November 11, 2021. REUTERS/Ronen Zvulun
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Israeli Appeals Court Upholds Ruling to Return Kidnapped Boy to Italy

Aya Biran, the maternal aunt of Eitan Biran, a 6-year-old boy, the sole survivor of an Italian cable car disaster and the focus of a cross-border custody battle, arrives to the District court in Tel Aviv, Israel November 11, 2021. REUTERS/Ronen Zvulun
Aya Biran, the maternal aunt of Eitan Biran, a 6-year-old boy, the sole survivor of an Italian cable car disaster and the focus of a cross-border custody battle, arrives to the District court in Tel Aviv, Israel November 11, 2021. REUTERS/Ronen Zvulun

An Israeli court on Thursday upheld a ruling to return to Italy a six-year-old boy, the sole survivor of an Italian cable car disaster who was kidnapped to Israel by his grandfather, Israel's Justice Ministry said.

Eitan Biran's maternal grandfather had appealed against a Tel Aviv family court's decision last month to send the boy back to his paternal aunt in Italy, in a cross-border custody battle.

The child had been living with the aunt since his parents, younger brother and 11 other people died when a gondola plunged to the ground in northern Italy in May.

In September, while visiting Eitan, his maternal grandfather, without the aunt's consent, drove him to Switzerland and chartered a private jet onward to Israel.

The aunt petitioned the family court for his return to Italy. The court found that the grandfather's actions amounted to kidnapping under the Hague Convention on the return of abducted children, Reuters reported.

The grandfather appealed against the ruling to a Tel Aviv district court, which the Justice Ministry said upheld the family court's decision.

"We order the minor be returned to Italy within 15 days," the district court said in a ruling released by the ministry. The court stayed implementation of the order for a week to enable the grandfather to appeal to Israel's Supreme Court.

"Although the appellant took the minor away illegally, his misdeeds should not come at his grandson's expense, and the minor should be allowed to meet with his grandfather, even in Italy," the court said.

Lawyers for the grandfather said they will consider an appeal to the Supreme Court, after studying the ruling.



Palestinian Student Remains Detained in Vermont with a Hearing Set for Next Week

Mohsen Mahdawi speaks at a protest on the Columbia University campus on November 9, 2023 in New York City. (Getty Images via AFP)
Mohsen Mahdawi speaks at a protest on the Columbia University campus on November 9, 2023 in New York City. (Getty Images via AFP)
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Palestinian Student Remains Detained in Vermont with a Hearing Set for Next Week

Mohsen Mahdawi speaks at a protest on the Columbia University campus on November 9, 2023 in New York City. (Getty Images via AFP)
Mohsen Mahdawi speaks at a protest on the Columbia University campus on November 9, 2023 in New York City. (Getty Images via AFP)

A large crowd of supporters and advocates gathered outside a Vermont courthouse Wednesday to support a Palestinian man who led protests against the war in Gaza as a student at Columbia University and was arrested during an interview about finalizing his US citizenship.

Mohsen Mahdawi, a legal permanent resident for 10 years, was arrested April 14 at the US Citizenship and Immigration Services office in Colchester, Vermont, by Immigration and Customs Enforcement agents. He made an initial court appearance Wednesday during which a judge extended a temporary order keeping Mahdawi in Vermont and scheduled a hearing for next week.

Mahdawi’s lawyers say he was detained in retaliation for his speech advocating for Palestinian human rights.

“What the government provided thus far only establishes that the only basis they have to currently detaining him in the manner they did is his lawful speech,” attorney Luna Droubi said after the hearing. “We intend on being back in one week's time to free Mohsen."

In court documents, the government argues that Mahdawi's detention is a “constitutionally valid aspect of the deportation process” and that district courts are barred from hearing challenges to how and when such proceedings are begun.

“District courts play no role in that process. Consequently, this Court lacks jurisdiction over Petitioner’s claims, which are all, at bottom, challenges to removal proceedings,” wrote Michael Drescher, Vermont’s acting US attorney.

According to his lawyers, Mahdawi had attended his interview, answered questions and signed a document that he was willing to defend the US Constitution and laws of the nation.

“It was a trap,” his lawyers said.

They said masked ICE agents entered the interview room, shackled Mahdawi, and put him in a car. A judge later issued an order barring the government from removing him from the state or country.

“What we’re seeing here is unprecedented where they are so hellbent on detaining students from good universities in our country,” attorney Cyrus Mehta said. “These are not hardened criminals. These are people who have not been charged with any crime, they have also not been charged under any of the other deportation provisions of the Immigration Act.”

Mahdawi is still scheduled for a hearing date in immigration court in Louisiana on May 1, his attorneys said. His notice to appear says he is removable under the Immigration and Nationality Act because the Secretary of State has determined his presence and activities "would have serious adverse foreign policy consequences and would compromise a compelling US foreign policy interest.”

Last month, Secretary of State Marco Rubio said the State Department was revoking visas held by visitors who were acting counter to national interests, including some who protested Israel’s war in Gaza and those who face criminal charges.

According to the court filing, Mahdawi was born in a refugee camp in the West Bank and moved to the United States in 2014. He recently completed coursework at Columbia and was expected to graduate in May before beginning a master’s degree program there in the fall.

As a student, Mahdawi was an outspoken critic of Israel’s military campaign in Gaza and organized campus protests until March 2024.

US Sen. Peter Welch of Vermont, a Democrat, met with Mahdaw i on Monday at the prison and posted a video account of their conversation on X. Mahdawi said he was “in good hands." He said his work is centered on peacemaking and that his empathy extends beyond the Palestinian people to Jews and to the Israelis.

“I’m staying positive by reassuring myself in the ability of justice and the deep belief of democracy,” Mahdawi said in Welch’s video. “This is the reason I wanted to become a citizen of this country, because I believe in the principles of this country.”

Mahdawi's attorney read a statement from him outside the courthouse Wednesday in which he urged supporters to “stay positive and believe in the inevitability of justice.”

“This hearing is part of the system of democracy, it prevents a tyrant from having unchecked power,” he wrote. “I am in prison, but I am not imprisoned.”