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KIARELDEEN v. ASHCROFT

No. 00-1823.

273 F.3d 542 (2001)

Hany Mahmoud KIARELDEEN, v. John ASHCROFT, Attorney General; Immigration and Naturalization Service; Paul Schmidt, Chair, Board of Immigration Appeals; Kevin D. Rooney, Acting Commissioner, Immigration and Naturalization Service; Andrea Quarantillo, District Director, Newark, Ins; Ralph Green, Warden Hudson County Correctional Center, Appellants.

United States Court of Appeals, Third Circuit.

Filed December 5, 2001.

Attorney(s) appearing for the Case

Stuart E. Schiffer, Acting Assistant Attorney General, Michael P. Lindemann, Assistant Director, Douglas E. Ginsburg, Attorney, Lyle D. Jentzer, Attorney, Office of Immigration Litigation, Civil Division, Department of Justice, Washington, DC, James B. Clark, III, Office of United States Attorney, Newark, NJ, Attorneys for Appellants.

David D. Cole, Counsel, Center for Constitutional Rights, Washington, DC, Nancy Chang, Center for Constitutional Rights, New York, NY, Regis Fernandez Newark, NJ, Houeida Saad, Blue Cross and Blue Shield Association, Washington, DC, Attorneys for Appellee.

Daniel J. Popeo, Richard A. Samp, Washington Legal Foundation, Washington, DC, Washington Legal Foundation; U.S. Representatives Sherwood Boehlert, J.D. Hayworth, Lamar Smith, and John E. Sweeney; U.S. Senator Jesse Helms; Allied Educational Foundation; Stephen Flatow; Grand Lodge Fraternal Order of Police; and the Jewish Institute for National Security Affairs as Amici Curiae in support of Appellants Seeking Reversal.

Before MANSMANN, RENDELL and ALDISERT, Circuit Judges.

Submitted under Third Circuit LAR 34.1(a) September 10, 2001.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

In the course of proceedings to remove Appellee Hany Mahmoud Kiareldeen, an ethnic Palestinian and Israeli citizen, from the United States, the Immigration and Naturalization Service ("INS") relied on classified evidence obtained by the FBI's Joint Terrorism Task Force. This evidence suggested that Appellee was a member of a terrorist organization...

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