News From The Courts

American-Arab Anti-Discrimination Committee, ET. Al., vs. John Ashcroft

The petitioners are Lebanese citizens who obtained false advance parole papers, which allowed them to enter the U.S. All of the petitioners face removal and some were already removed. The petitioners filed an application for a writ of habeas corpus challenging BCIS’ decision to begin expedited removal proceedings. Expedited removal proceedings would allow the petitioners to be deported based upon the decision of an immigration officer without the opportunity for further review. The Court found that BCIS’ use of expedited removal procedures violated the petitioners’ rights to due process. The petitioners also filed a Supplemental Emergency Motion for Writ of Habeas Corpus and For Release From Detention, which were both denied by the Court.

A criminal conspiracy from September 1998 to September 2000 resulted in about 130 immigrants entering the U.S. without valid documentation. An employee at the BCIS District Detroit Office, Janice Halstead, conspired with Zoha Madarani to bring aliens into the U.S. who were residents of Lebanon or Yemen and not legally eligible to enter the U.S. It is unclear whether the aliens were aware that they were illegally entering the U.S. All of the petitioners entered the U.S. with documents obtained from this conspiracy.

The petitioners argued that expedited removal proceedings would deprive them of due process. The respondents argued that the petitioners have “virtually no constitutional rights with respect to their applications or immigration status” because they did not technically enter the U.S. The Court ruled that excludable aliens, like all aliens, are protected by Due Process, and therefore, the petitioners could not be subject to expedited removal procedures. However, BCIS is still able to initiate regular removal proceedings. If the Bureau does initiate these proceedings, the petitioners would then be able to request their release.