Khouzam v. Attorney General

549 F.3d 235 (2008)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

Khouzam v. Attorney General

United States Court of Appeals for the Third Circuit
549 F.3d 235 (2008)

Facts

Sameh Sami S. Khouzam (plaintiff) was an Egyptian citizen and a Coptic Christian who boarded a flight to the United States (defendant) with a visa. During Khouzam’s flight, Egyptian authorities contacted the State Department and alleged that Khouzam had committed murder just prior to boarding his flight. As a result, American authorities canceled Khouzam’s visa and took him into custody upon arrival. Khouzam applied for asylum and for withholding of removal, but these protections were denied because there were serious reasons to believe that Khouzam had committed a murder. Khouzam also applied for relief under the Convention against Torture (the convention), which was granted because it was more likely than not that Khouzam would be tortured upon return to Egypt. Medical evidence showed injuries and scars consistent with prior torture. Because Khouzam was not eligible for withholding of removal, he was granted deferral of removal and detained for eight years. Given that it seemed unlikely that Khouzam would be removed in the near future, he was released. However, Khouzam was detained again after Egyptian authorities provided diplomatic assurances that Khouzam would not be tortured upon return. Based on these assurances, the Department of Homeland Security (DHS) terminated Khouzam’s deferral of removal. Khouzam did not have notice of the diplomatic assurances, a chance to review the assurances, or the opportunity to challenge them in a hearing before the DHS made its decision. Khouzam filed a writ of habeas corpus in a federal district court and petitioned the United States Court of Appeals for the Third Circuit for review of DHS’s decision to terminate the deferral of removal. The federal district court granted Khouzam’s habeas petition, vacated the termination of deferral, and ordered Khouzam released. The district court determined that the DHS had violated Khouzam’s right to due process by not providing him with notice and a chance to dispute the sufficiency of the diplomatic assurances provided by Egypt. The United States government appealed, and the Third Circuit consolidated the appeals.

Rule of Law

Issue

Holding and Reasoning (Rendell, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 744,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 744,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 744,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership