Kiareldeen v. Reno
United States District Court for the District of New Jersey
71 F.Supp.2d 402 (1999)
Kiareldeen (defendant/petitioner), a longtime U.S. resident married to a citizen, was found deportable for overstaying his visa; the INS presented classified evidence ex parte and in camera claiming he was a terrorist-organization member and national security threat, without introducing any evidence in open court. Although the immigration judge and the Board both ultimately favored Kiareldeen's release, the INS repeatedly obtained stays, even after the FBI closed its underlying criminal investigation, and Kiareldeen petitioned for habeas corpus challenging his continued detention as a due process violation.
Whether the government may deport a resident alien solely based on secret evidence not introduced in open court for national security reasons.