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Emergency Motion for Release and Preliminary Injunction
(Filed December 19, 2001)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 99-3458-CIV-LENARD
MAZEN AL NAJJAR,
Petitioner,
vs.
JOHN ASHCROFT, Attorney General, United States Department of Justice, et al.,
Respondents.
____________________________________/
Emergency Motion for
Release and Preliminary Injunction
Petitioner Mazen Al Najjar hereby moves for his immediate release from detention, and a preliminary injunction barring Respondents from detaining him absent new evidence establishing that he poses a current threat to national security or the community or a risk of flight.
The INS re-arrested Al Najjar on November 24, 2001. It did so on the basis of allegations that have twice been found to be unsupported by the public record evidence, that concern his political associations, and that in any event do not establish that he poses a current threat to national security or the community. Al Najjar was afforded no opportunity to respond. As such, his detention violates the Immigration and Nationality Act and the First and Fifth Amendments to the Constitution.
In the alternative, Al Najjar challenges the conditions of his confinement as violative of the Fifth Amendment. The grounds for his emergency motion are set forth in detail in the accompanying Memorandum of Law, and are further supported by the Supplemental Complaint and Renewed Petition for Habeas Corpus.
Petitioner seeks emergency relief because every day that he is unlawfully detained imposes further irreparable harm. He therefore requests that the Court set an expedited briefing schedule and hearing in the above matter.
Respectfully Submitted,
David Cole, Esq.
Georgetown University Law Center
600 New Jersey Avenue NW
Washington, DC 20001
(202) 662-9078
(202) 662-9408 (fax)
Randall C. Marshall, Esq.
Florida Bar No. 181765
American Civil Liberties Union
Foundation of Florida, Inc.
4500 Biscayne Boulevard, Suite 340
Miami, FL 33137
(305) 576-2337
(305) 576-1106 (fax)
Joseph C. Hohenstein, Esq.
Nationalities Service Center
1300 Spruce Street
Philadelphia, PA 19107
(215) 893-8400
(215) 735-9718 (fax)
Nancy Chang, Esq.
Center for Constitutional Rights
666 Broadway ? 7th Floor
New York, NY 10012
(212) 614-6420
(212) 614-6499 (fax)
Ira J. Kurzban, Esq.
Florida Bar No. 225517
Kurzban Kurzban Weinger & Tetzell
2650 SW 27 Avenue
Miami, FL 33133-3003
(305) 444-0060
(305) 444-3503 (fax)
Martin B. Schwartz, Esq.
Florida Bar No. 880371
Law Office of Martin B. Schwartz
Premier North Executive Building
3816 West Linebaugh Avenue, Suite 401
Tampa, FL 33624
(813) 269-7421
(813) 269-7562 (fax)
Certificate of Service
I certify that on this 19th day of December 2001, a true and accurate copy of the forgoing document has been furnished by facsimile transmission and by overnight delivery to:
David W. Ogden, Esq.
Christopher C. Fuller, Esq.
Douglas E. Ginsburg, Esq.
U.S. Department of Justice
Office of Immigration Litigation, Civil Division
P.O. Box 878, Ben Franklin Station
Washington, DC 20044
(202) 616-9777 (fax)
and by hand delivery to:
Guy Lewis, Esq.
Dexter Lee, Esq.
U.S. Attorney's Office
99 NE 4th Street
Miami, FL 33132
(305) 530-7139 (fax)
______________
Randall C. Marshall
- Click here to read the 26-page Memorandum in Support of Emergency Motion for Release and Preliminary Injunction (Filed on December 19, 2001)
- Click here to read the press release on the motions challenging Al-Najjar's detention on Unfounded Terrorism Charges
- For more on the ACLU and secret evidence, click here
