Another Blow for Use of Secret Evidence - N.Y. Times
October 23, 1999
"The agency's position is based on classified information Kiareldeen and his lawyers have not been allowed to see but which an immigration judge termed "unreliable." "*
* Quote taken from NY TIMES new item "Board Delays Release Date
for Immigrant". Copy follows below.
Just as the secret evidence in the case below has been revealed to be
"unreliable", there is no doubt that the secret evidence that has been
used against Jonathan Pollard, which he has never been allowed to access in
order to challenge in a court of law, is equally as "unreliable."
Board Delays Release Date for Immigrant
October 23, 1999 - Ronald Smothers - The New York Times
NEWARK, N.J. -- A three-member panel of the Board of Immigration
Appeals, in a sharply divided decision Friday, delayed until
midnight on Monday its order releasing a 31-year-old Palestinian
immigrant who has been detained in prison for 18 months on secret
evidence accusing him of being connected with terrorist groups.
The action in the case of Hany Kiareldeen came as a result of a
request by the federal Immigration and Naturalization Service,
which said that it needed more time to determine how and whether to
appeal a string of rulings this past week that have rejected the
agency's arguments that Kiareldeen is dangerous and a threat to
The agency's position is based on classified information
Kiareldeen and his lawyers have not been allowed to see but which
an immigration judge termed "unreliable."
The week was also marked by a flurry of activity in the case in
federal courts, including a district court judge's ruling that the
use of secret evidence to detain Kiareldeen was a violation of due
process. An appeal of that ruling, the first such action by a
federal judge, was heard by an appeals court judge on Thursday and
then sent, on an expedited basis, for further hearing to a
three-judge panel of the 3rd U.S. Circuit Court of Appeals.
In what appeared to be a compromise ruling by the board, Anthony
Moscato wrote in the majority opinion that only "a brief stay" of
the release was warranted in order "to permit the service to
consider its course of action in light of its national security
Mike Gilhooly, a spokesman for the INS, said that the agency
would consider over the weekend one of three courses of action
allowed by immigration law. The first is a formal request to the
board panel acting Friday to reconsider its release order. The
second option is to appeal the board's release order to Attorney
General Janet Reno. The third alternative is to accept the ruling
and release Kiareldeen by Monday.