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TITLE: Palestinian Ordered Released |
AUTHOR: Pat Leisner |
PUB: Associated Press |
DATE: December 15, 2000 |
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A Palestinian was ordered released from jail Friday after being locked up for three years on secret government evidence, though he was never charged with a crime, his attorney said. U.S. Attorney General Janet Reno (news - web sites) lifted a stay that had kept Mazen Al-Najjar imprisoned, according to attorney Martin Schwartz. He did not know when Al-Najjar would be released from the Manatee County Detention Center, but said the man's elated family was headed to the prison. ``We are absolutely ecstatic Janet Reno has come to her senses and stopped this unconstitutional detention,'' Schwartz said.``I feel so happy. I give thanks to God,'' said Al-Najjar's sister, Nahla Al-Arian. Al-Najjar had been on the verge of freedom several times, most recently Tuesday, when Reno stopped his release, saying she wanted more time to review the case. His family, stunned by the news, had been waiting at the detention center with an $8,000 check to post his bond when the stay was issued. The government has maintained that Al-Najjar had links to Mideast terrorists and was a threat to national security. Al-Najjar denied the allegations. Not even his lawyers have seen the evidence against him. His battle for freedom has been a seesaw struggle through immigration hearings, federal court proceedings and the high reaches of the Department of Justice. After the Board of Immigration Appeals cleared the way for his release earlier this week by lifting an order that blocked it, federal immigration attorneys immediately turned to Reno. As the cell doors slammed shut again, the 43-year-old academic said he knew he had to be patient and tell himself it might take more time. Immigration Judge R. Kevin McHugh had ordered Al-Najjar's release early this month, saying the government failed to give him enough information to defend himself. McHugh viewed the classified evidence in chambers and said that a declassified summary given to Al-Najjar was not sufficient to keep him behind bars. He set bail and Al-Najjar's family made plans to bring him. However, the government appealed to the immigration board. The board ordered Al-Najjar detained indefinitely pending further study of the issue. Al-Najjar's cause has been championed by lawyers from Florida to New York, civil rights groups and members of Congress who consider his detention unjustified. About a dozen immigrants, mostly Arabs living in America, have been detained in U.S. jails without criminal charges on the basis of classified evidence, according to Rep. David Bonior, D-Mich. Al-Najjar was born in Gaza and raised in Saudi Arabia and Egypt. He has been in the United States since 1981. His student visa expired years ago and he has been living illegally in this country. He has appealed a deportation order, partly on grounds that because he has no homeland, he has nowhere to go. A deportation hearing is expected in the 11th Circuit Court of Appeal in January. He has three American-born daughters. Al-Najjar was associated with the World and Islam Studies Enterprise, an academic think tank affiliated with the University of South Florida, and the Islamic Committee for Palestine, a group with a stated mission of fostering better understanding of Muslim issues. The U.S. government maintained that the Florida organizations fronted for the Islamic Jihad, which has claimed responsibility for terrorist bombings in the Middle East. END |