Rubio claimed Mohsen Mahdawi and Rümeysa Öztürk posed a foreign policy threat.
According to a letter filed in court, attorneys for Mohsen Mahdawi, [OP story] the Columbia University student who was detained at his naturalization interview in April, a judge has found that the Department of Homeland Security "did not meet its burden of proving by clear and convincing evidence" that he is removable.
It comes after an immigration court terminated removal proceedings against Tufts University Ph.D. student Rümeysa Öztürk.
Both cases can be appealed by the Trump administration, so their habeas petitions will likely continue to play out in federal court.