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Justice Department Utilizes Special Court for Alien Terrorist Removal

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The U.S. Department of Justice recently initiated proceedings in a long-established but previously unused special court to deport Nazira Haji Zada, a legal U.S. resident, to Afghanistan. Court documents reveal that Haji Zada acknowledged being an “alien terrorist.” She supported efforts by her son and son-in-law to orchestrate an Islamic State-inspired attack on Election Day in 2024.

Haji Zada’s son, Abdullah Haji Zada, age 19, has received a 15-year prison sentence. Both he and his brother-in-law, who is charged as well, will face deportation after completing their sentences. Authorities arrested Haji Zada in July at her Fort Worth, Texas residence. Her initial hearing also took place in July.

Unlike the criminal justice avenue, the Justice Department chose a civil path using the Alien Terrorist Removal Court. This secretive court requires less stringent proof to remove someone from the U.S. Created by Congress in 1996, the court facilitates the use of classified evidence by the DOJ for deportation, citing national security risks.

On August 20, Haji Zada waived her right to contest the detention, agreeing to deportation. Senior U.S. District Judge Joan Ericksen ordered her removal the same day. Her admission won’t impact criminal proceedings, and related documents became public the following Friday. Her court-appointed attorneys, Matthew Farley and Mary Manning Petras, dispute the case’s legality. They claim that they weren’t allowed to view the evidence, alleging it violates due process.

The government maintains that the evidence remains classified for national security reasons. Haji Zada’s representatives argue that her consent doesn’t validate the court’s legitimacy. They express confidence that the Alien Terrorist Removal Court will ultimately be deemed unconstitutional.

Haji Zada entered the U.S. as a permanent resident in 2018. Her husband worked for the U.S. at Bagram Air Base in Afghanistan from 2009 to 2016. U.S. authorities allege that as the “matriarch,” she helped radicalize her family, pledging allegiance to ISIS. They assert she, along with her son-in-law, indoctrinated family members with ISIS doctrine.

The government also claims the family sold assets like furniture, electronics, and vehicles to fund the attack. Haji Zada had reportedly contracted to sell the family home, planning to move with other family members to an ISIS-controlled location, unbeknownst to her husband. Meanwhile, her son and son-in-law were to stay and execute the attack.

Court documents show that Nasir Ahmad Tawhedi, her son-in-law, admitted to conspiring to buy weapons and ammunition for a terrorist attack. He had planned to obtain two AK-47 rifles, 500 rounds of ammunition, and 10 magazines for the plot with ISIS involvement.

Attorney General Todd Blanche sanctioned the government’s application to the court. He commented that using the court demonstrates the Department’s commitment to safeguarding national security. Blanche regards this case’s outcome as reinforcing both national security and legal integrity.

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