from one of these papers i lost the article Arizona Republic, Tucson Citizen, Arizona Daily Star
Federal judge orders release of Palestinian
Associated Press
NEWARK, N.J. - A federal judge on Wednesday ordered the government to release a Palestinian accused of plotting to kill Attorney General Janet Reno, ruling that he had been unconstitutionally detained for 19 months by secret evidence.
U.S. District fudge William H. Walls is the first federal judge to reject the government's long-standing practice of detaining or deporting immigrants based on evidence it refuses to share, lawyers who follow immigration say.
The government's argument "ignores the axiomatic, constitutional premise that aliens, once legally admitted into the United States, are entitled to the shelter of the Consti- tution," Walls wrote Wednesday.
David Cole, the Georgetown law professor who represents Hany Kiareldeen, called the ruling "a substantial victory, not only for all immigrants, but for fairness in government proceedings."
Walls ordered the immediate release of Kiareldeen, 31, of Passaic, who was arrested for overstaying a student visa, then detained on suspicion of plotting to kill Reno.
But the lmmigration and Naturalization Service obtained a stay of Walls' order Wednesday evening from a federal appeals court. Arguments were scheduled for today and Kiareldeen remained in federal custody for another night at the Hudson County Jail
"We've maintained all along that he is a danger," INS spokesman Bill Strassberger said Wednesday.
Kiareldeen, who has been jailed since March 1998, was never charged with a plot on Reno's life. But the government has, detained him and has been trying to deport him based on the secret evidence.
well not really. but thats how the government behavies more often then not