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KIARELDEEN v. RENO

No. CIV 99-3925.

71 F.Supp.2d 402 (1999)

Hany Mahmoud KIARELDEEN, Petitioner, v. Janet RENO, Attorney General; Immigration and Naturalization Service; Paul Schmidt, Chair, Board of Immigration Appeals; Meissner, Commissioner of the Immigration and Naturalization Service; Andrea Quarantillo, District Director, Newark INS; and Ralph Green, Warden, Hudson County Correctional Center, Respondents.

United States District Court, D. New Jersey.

October 20, 1999.

Attorney(s) appearing for the Case

Regis Fernandez, Newark, NJ, David Cole, Center for Constitutional Rights, Washington, D.C., Nancy Chang Center for Constitutional Rights, New York, NY, Arlington, VA, for Petitioner.

Faith S. Hochberg, United States Attorney, James B. Clark III, Assistant United States Attorney, U.S. Department of Justice, District of New Jersey, Newark, NJ, David W. Ogden, Acting Assistant Attorney General, Michael P. Lindemann, Assistant Director, Douglas E. Ginsburg, Attorney, Office of Immigration Litigation, Civil Litigation, U.S. Department of Justice, Washington, D.C., for Respondents.

OPINION

WALLS, District Judge.

This matter is before the court on the petition for a writ of habeas corpus brought by Hany Mahmoud Kiareldeen, who, since March 1998, has been in the custody of the Immigration and Naturalization Service (INS) pending the resolution of his removal proceedings. His petition alleges three grounds for release: (1) the petitioner's detention violates the Due Process Clause because it is based on secret evidence that he has not...

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