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Kiareldeen v. Reno

United States District Court for the District of New Jersey
71 F.Supp.2d 402 (1999)


Facts

Kiareldeen (defendant) immigrated to the United States from Israel on a student visa in 1990. After his first marriage failed, he married a United States citizen in 1997 and petitioned for permanent resident status. In 1998 the INS and FBI arrested  Kiareldeen and found him deportable for overstaying his student visa.  Kiareldeen acknowledged he had overstayed but petitioned for a discretionary status adjustment and asylum. The INS presented classified evidence ex parte and in camera to the immigration judge showing that Kiareldeen was a member of a terrorist organization and a national security threat. The INS presented no evidence in open court. The immigration judge granted Kiareldeen's status adjustment and release, but the INS appealed to the Board and obtained a stay on the order. The Board affirmed the status adjustment, but the INS applied for another stay and Kiareldeen was not released. However, the FBI closed its criminal investigation. Kiareldeen petitioned for a writ of habeas corpus in federal district court, arguing that his continued detention violated his due process rights.

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Issue

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Holding and Reasoning (Walls, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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