American Arab Anti Discrimination Committee

The United States Government has dropped its release from detention appeal of secret evidence victim, Dr. Mazen Al-Najjar. Dr. Al-Najjar, a stateless Palestinian and former professor at the University of South Florida, was held for over three years on the basis of “evidence” withheld from him, his attorneys, and the public. Al-Najjar was released last December after both a Miami federal judge and an immigration judge in Florida told the government that it must either release him or reveal the secret evidence. The government decided to release Al-Najjar, but appealed the decisions of the federal and immigration judges. Recently, on July 30, 2001, Chief Appellate Counsel, Barry O’Melinn, wrote the Board of Immigration Appeals withdrawing its appeal. The INS has also decided against using secret evidence in a newer deportation case in Texas against Ghassan Dahduli.

Since 1996 the Justice Department has been using secret evidence in deportation cases, almost all of which have targeted persons of Arab ethnicity and Muslim religious affiliation. In these cases, the evidence is kept secret and not revealed to the defendant or their attorney making it impossible to defend against. At least five federal district court judges have ruled that the use of secret evidence is a violation of the due process guaranteed by Fifth Amendment of the constitution of the United States. The government lost several secret evidence prosecutions in 1999, including the cases of Hany Kiareldeen and Nasser Ahmad. Numerous immigrants who had been labeled “threats to national security” and held without charge on the basis of secret evidence have been released after lengthy legal battles.

ADC is encouraged by the change in the government’s position and hopes that this will be an important step in affording more due process rights in immigration and deportation proceedings. ADC urges you to contact your representative and encourage them to support the Secret Evidence Repeal Act (HR 1266).

If you chose to use the contacting congress feature of the ADC website a standard form letter will appear automatically in the window http://capwiz.com/adc/home/

Please also contact President Bush, send email to president@whitehouse.gov, and ask him to follow through on his campaign promise to eliminate the use of secret evidence.

	8 August 2001
	US Government Drops Detention Appeal Against Secret Evidence Victim

	The United States Government has dropped its release from detention appeal of secret evidence victim, Dr. Mazen Al-Najjar. Dr. Al-Najjar, a stateless Palestinian and former professor at the University of South Florida, was held for over three years on the basis of “evidence” withheld from him, his attorneys, and the public. Al-Najjar was released last December after both a Miami federal judge and an immigration judge in Florida told the government that it must either release him or reveal the secret evidence. The government decided to release Al-Najjar, but appealed the decisions of the federal and immigration judges. Recently, on July 30, 2001, Chief Appellate Counsel, Barry O’Melinn, wrote the Board of Immigration Appeals withdrawing its appeal. The INS has also decided against using secret evidence in a newer deportation case in Texas against Ghassan Dahduli. Since 1996 the Justice Department has been using secret evidence in deportation cases, almost all of which have targeted persons of Arab ethnicity and Muslim religious affiliation. In these cases, the evidence is kept secret and not revealed to the defendant or their attorney making it impossible to defend against. At least five federal district court judges have ruled that the use of secret evidence is a violation of the due process guaranteed by Fifth Amendment of the constitution of the United States. The government lost several secret evidence prosecutions in 1999, including the cases of Hany Kiareldeen and Nasser Ahmad. Numerous immigrants who had been labeled “threats to national security” and held without charge on the basis of secret evidence have been released after lengthy legal battles. ADC is encouraged by the change in the government’s position and hopes that this will be an important step in affording more due process rights in immigration and deportation proceedings. ADC urges you to contact your representative and encourage them to support the Secret Evidence Repeal Act (HR 1266). If you chose to use the contacting congress feature of the ADC website a standard form letter will appear automatically in the window http://capwiz.com/adc/home/ Please also contact President Bush, send email to president@whitehouse.gov, and ask him to follow through on his campaign promise to eliminate the use of secret evidence.