Immigration judge acted properly in closing hearing, court rules

By The Associated Press

10.08.02

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DETROIT — An immigration judge was correct in closing part of a bond hearing last week for a local Muslim leader but mishandled the proceeding, a federal judge ruled yesterday.

U.S. District Judge Nancy Edmunds said Immigration Judge Robert Newberry should have heard in public why the government wanted to close the end of the hearing for Rabih Haddad of Ann Arbor. Haddad is a Lebanese citizen and co-founder of an Islamic charity the U.S. government says has links to terrorism.

Herschel Fink, a lawyer for the Detroit Free Press, said he was prepared to argue against a closed hearing on Oct. 1 and then await a ruling from Newberry, but that never happened.

Instead, without explanation, Newberry granted a government request to close the remainder of the hearing to the public and the news media. The following day, Fink filed an emergency motion with Edmunds for access to the proceedings. The Detroit News and American Civil Liberties Union also asked Edmunds to intervene.

Fink said after yesterday's hearing that Edmunds made it clear "the manner in which this was handled was wrong."

The attorney said Newberry, in essence, "thumbed his nose" at ongoing efforts to keep Haddad's hearings open to the public. Still, Edmunds ruled yesterday the government was justified in seeking a closed hearing to protect the identity of a confidential informant in the case.

Haddad, jailed since Dec. 14 on a visa violation, helped create the Illinois-based Global Relief Foundation, which the federal government says has received substantial funding from a suspected financier of al-Qaida's worldwide efforts.

Haddad and his supporters have denied any links to terrorism.

Newberry had planned to finish the bond hearing in one day but agreed to a request by Haddad attorney Ashraf Nubani for expert testimony. The hearing is scheduled to resume Oct. 22.

Justice Department spokesman Charles Miller said yesterday that the government would decide whether to try to close future hearings based on the sensitivity of proceedings.

The Justice Department has said Global Relief leaders "espouse and promote violence."

Photos found outside the group's offices show the same type of sophisticated communications equipment that was used in an assassination attempt on Egyptian President Hosni Mubarak, the department said.

Update

Federal appeals court won't consider ruling opening deportation hearings
6th Circuit decision contradicts 3rd Circuit ruling that such hearings could be closed; attorney says stage is set for Supreme Court to decide which court is right.  01.23.03

Previous

Justice Department sets hearing for Islamic charity co-founder
But agency plans to appeal federal judge's order to hold hearing or release Rabih Haddad, arguing that it's an unwarranted intrusion into immigration procedures.  09.26.02

Related

Government can close deportation hearings, rules federal appeals panel
3rd Circuit panel finds attorney general has right to keep press, public out of proceedings for national security reasons; conflict with 6th Circuit ruling increases likelihood of Supreme Court appeal.  10.08.02