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AL NAJJAR v. ASHCROFT

No. 00-14947.

273 F.3d 1330 (2001)

Mazen AL NAJJAR, Petitioner-Appellee, Cross-Appellant, v. John ASHCROFT, Attorney General, United States Department of Justice, Doris Meisner, Commissioner, Immigration and Naturalization Service, et al., Respondents-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 28, 2001.

Attorney(s) appearing for the Case

Douglas E. Ginsburg, U.S. Dept. of Justice, Civil Div., OIL, Washington, DC, for Respondents-Appellants, Cross-Appellees.

Randall C. Marshall, American Civil Liberties Union, Miami, FL, Nancy Chang, Center for Constitutional Rights, New York City, David D. Cole, Georgetown University Law Center, Washington, DC, Joseph C. Hohenstein, Nationalites Service Center, Philadelphia, PA, Martin Bryant Schwartz, Law Offices of Martin B. Schwartz, Tampa, FL, for Al Najjar.

Daniel J. Popeo, Richard A. Samp, Washington Legal Foundation, Washington, DC, for Washington Legal Foundation, Lamar Smith, J.D. Hayworth, John Sweeney, Jesse Helms, Allied Educational Foundation, Stephen Flatow, Grand Lodge Fraternal Order of Police, Jewish Institute for National Security Affairs, Amici Curiae.

Before HULL, MARCUS and FARRIS, Circuit Judges.

PER CURIAM:

Respondents-Appellants John Ashcroft, et al. ("the Attorney General") appeal a decision of the district court granting Petitioner-Appellee Mazen Al Najjar's request for habeas corpus relief in connection with his bond redetermination proceedings. In an order dated May 31, 2000, the district court ruled that the government could not detain Al Najjar pending judicial review of the BIA's order of deportation on the basis of undisclosed, classified information...

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