Ahmad v. Wigen

726 F. Supp. 389 (1989)

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Ahmad v. Wigen

United States District Court for the Eastern District of New York
726 F. Supp. 389 (1989)

EP

Facts

Mahmoud El-Abed Ahmad (plaintiff) bombed and opened fire on a civilian bus in Israel. The bus driver was killed, and a passenger was injured. Ahmad, a naturalized United States citizen, fled and was eventually arrested in the United States. To avoid extradition to Israel, Ahmad filed a writ of habeas corpus, claiming that he would be subject to cruel and unusual punishment, including torture, coercion to confess, and violations of due-process and human rights. Ahmad requested an evidentiary hearing to present his case. The government (defendant) opposed the request, arguing that the rule of noninquiry barred the court from investigating Israel’s judiciary. The district court granted Ahmad’s request for a hearing. The government appealed to the court of appeals through a writ of mandamus, which was denied. The case was remanded to the district court, where the evidentiary hearing was held and Ahmad’s writ of habeas corpus briefed and argued.

Rule of Law

Issue

Holding and Reasoning (Weinstein, J.)

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