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<h1><b>Al-Arian Files Habeas for Release</b></h1><font size=3>By
<a href="http://www.nysun.com/authors/Josh+Gerstein">JOSH GERSTEIN</a>,
Staff Reporter of the Sun | August 27, 2008<br>
<a href="http://www.nysun.com/national/al-arian-files-habeas-for-release/84744/">
http://www.nysun.com/national/al-arian-files-habeas-for-release/84744/</a>
<br><br>
A Palestinian Arab activist and former college professor who has been in
federal custody since 2003, Sami Al-Arian, is pressing a new habeas
corpus petition arguing that he is being illegally detained by
immigration officials.<br><br>
Lawyers for Al-Arian filed the petition for a habeas writ in federal
court in
<a href="http://www.nysun.com/related_results.php?term=Alexandria+%28Virginia%29">
Alexandria, Va.</a> on Monday, according to records reviewed by The New
York Sun. The pleading represents the newest chapter in a Byzantine
series of legal proceedings involving the Kuwaiti-born Al-Arian, who was
a leading political organizer for the Palestinian community in America
before he was indicted in 2003 on charges that he served as a top
official of Palestinian Islamic Jihad.<br><br>
"The respondents have no interest that justify an indefinite
detention of Dr. Al-Arian," Al-Arian's lawyers, Jonathan Turley,
P.J. Meitl, and William Olson, wrote. "Continued detention serves no
governmental purpose other than those of a punitive
nature."<br><br>
The habeas petition argues that the Department of Homeland Security's
Immigration and Customs Enforcement bureau is not moving expeditiously to
deport Al-Arian, who agreed to leave America in connection with his
guilty plea in 2006 to one felony count of providing assistance to the
Islamic Jihad group. The plea followed a six-month long trial which ended
in disappointment for the government when Al-Arian was acquitted on some
charges while jurors could not agree on others.<br><br>
Al-Arian was sentenced to 57 months in prison for aiding PIJ. Taking
account of time served, he was expected to be released and deported last
year. However, his sentence was put on hold for about a year after the
former University of South Florida computer engineering professor was
held in contempt of court for refusing to testify before federal grand
juries investigating a Virginia-based think tank, the International
Institute for Islamic Thought. Al-Arian argued that his plea deal
absolved him from having to testify, but a series of courts rejected that
argument.<br><br>
The contempt citation expired in December and Al-Arian returned to
serving his criminal sentence, which ran out in April. After that,
Al-Arian was transferred to immigration officials' custody to await
deportation. However, in June, Al-Arian was indicted on two counts of
criminal contempt stemming from his refusal to testify before grand
juries investigating IIIT.<br><br>
The government's present predicament arose last month, when Judge Leonie
Brinkema ruled that Al-Arian was entitled to be released on bond in the
criminal contempt case, on the condition that he be under house arrest,
GPS monitoring, and in the care of one of his children. He was quickly
placed in immigration custody, but the legal authority for protracted
detention of an immigrant the government is not seeking to deport is
murky, unless the immigrant is a threat to the community.<br><br>
Al-Arian's petition argues that under federal law and a 2001 Supreme
Court decision, Zavydas v. Davis, he cannot be held for more than 90 days
when his deportation is not reasonably foreseeable. The petition includes
a copy of an Egyptian travel document for Palestinian refugees that would
allow Al-Arian to travel to Egypt to join his wife and some of his
children who moved there after his guilty plea. However, Al-Arian's
lawyers says it is evident the government is not really seeking to deport
him since it is seeking his trial, conviction and imprisonment for
criminal contempt.<br><br>
The habeas petition names Attorney General Mukasey, the secretary of
homeland security, Michael Chertoff, and a local immigration official,
Deborah Achim, as those responsible for Al-Arian's illegal incarceration.
The case was assigned to Judge Liam O'Grady. As of this writing, no
hearing had been scheduled.<br><br>
A spokeswoman for Immigration and Customs Enforcement, Ernestine Fobbs,
had no immediate comment on the new legal action.<br><br>
Al-Arian was set to go to trial this month on the criminal contempt case,
but Judge Brinkema put that off until the Supreme Court acts on a
petition Al-Arian has filed challenging the court rulings interpreting
his plea agreement. It will likely be October or later before the
justices take action on Al-Arian's request.<br><br>
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