FEDERAL JUDGE AGAIN ORDERS BOND HEARING FOR PALESTINIAN HELD ON SECRET EVIDENCE A federal judge has again ordered the INS to provide a meaningful bond hearing for Mazen Al-Najjar, the Palestinian professor who has been detained for more than three years on secret evidence. As she did earlier this year, Judge Joan Lenard has ordered Immigration Judge Kevin McHugh to hear and rule on the public evidence before examining the secret evidence.
Two weeks ago IJ McHugh terminated Al-Najjar’s bond hearing after defense attorneys objected to his intention to look at the secret evidence before ruling on the sufficiency of the public evidence. The attorneys filed an emergency motion before Judge Lenard, asking her to ensure that Al-Najjar receives a fair hearing. On Tuesday, September 12, Judge Lenard reiterated her order from May 31 to give Al-Najjar a bond hearing and to examine the secret evidence only if the public evidence is insufficient to continue his detention.
Judge Lenard refused to grant defense attorneys request that they be allowed to see an unclassified summary of the withheld evidence before it is presented to IJ McHugh, leaving that decision to McHugh. She did, however, stress that some way must be found to protect AL-Najjar’s rights and to provide him with some information about the evidence that is being used against him.
No date has yet been set for the new hearing. < Back | Next > Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. | 
