Haddad v. Ashcroft

After the September 11, 2001, terrorist attacks, the United States government (defendant) instituted removal proceedings against a number of noncitizens, consisting primarily of young men of Arab and Muslim background. Rabih Haddad (plaintiff) was one of the men. Haddad was a native of Lebanon who had lived in Michigan on and off with his family since 1988. In 1998, Haddad overstayed his six-month tourist visa. In December 2001, agents of the United States government arrested Haddad and initiated proceedings to deport him. Around this time, the United States immigration judges were under a directive, authorized by the United States attorney general, to close immigration proceedings to the press and the public in certain “special interest” cases designated by the chief immigration judge. Haddad’s case was designated as special interest, and his hearings were ordered to be closed. The judge presiding over Haddad’s matter denied him bail, and Haddad was detained as he awaited further proceedings. In three consolidated cases, Haddad and several newspapers sued the government, challenging the closure of the immigration hearings. The court issued an injunction against the blanket closure of special-interest cases as unconstitutional. Haddad alleged that his due-process right to an open hearing had been violated, and he moved for a preliminary injunction requiring a new, open detention hearing conducted by a different immigration judge.