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ARAR v. ASHCROFT

No. CV-044249 DGT VVP.

414 F.Supp.2d 250 (2006)

Maher ARAR, Plaintiff, v. John ASHCROFT, formerly Attorney General of the United States; Larry D. Thompson, formerly Acting Deputy Attorney General; Tom Ridge, formerly Secretary for Homeland Security; James W. Ziglar, formerly Commissioner for Immigration and Naturalization Services; J. Scott Blackman, formerly Regional Director of the Eastern Regional Office of the Immigration and Naturalization Service; Paula Corrigan, Regional Director of Immigration and Customs Enforcement; Edward J. McElroy, formerly District Director of Immigration and Naturalization Services for New York District and now District Director of Immigration and Customs Enforcement; Robert Mueller, Director of the Federal Bureau of Investigation; and John Does 1-10, Federal Bureau of Investigation and/or Immigration and Naturalization Service Agents, Defendants.

United States District Court, E.D. New York.

February 16, 2006.

Attorney(s) appearing for the Case

Barbara J. Olshansky, Maria C. Lahood, Center for Constitutional Rights, Joshua Samuel Sohn, Robert F. Fink, Sarah Jayne Sterken, DLA Piper Rudnick Gray Cary US LLP, Zazy Ivonne Lopez, Piper Rudnick, New York, NY, for Plaintiff.

Larry L. Gregg, Office of the U.S. Attorney, Alexandria, VA, Scott Dunn, United States Attorneys Office, Brooklyn, NY, Jeremy S. Brumbelow, Mary Hampton Mason, U.S. Justice Department, Jamie S. Kilberg Jeffrey A. Lamken, John J. Cassidy, Stephen L. Braga, Baker Botts LLP, Debra L. Roth, Thomas M. Sullivan, Shaw, Bransford, Veilleux & Roth, PC, Washington, DC, Ira H. Raphaelson, James A. Walden, O'Melveny & Myers LLP, New York, NY, Bassel Bakhos, William Alden McDaniel, Jr., Law Offices of William Alden McDaniel, Jr., Baltimore, MD, for Defendants.

MEMORANDUM AND ORDER

TRAGER, District Judge.

Plaintiff Maher Arar brings this action against defendants, U.S. officials, who allegedly held him virtually incommunicado for thirteen days at the U.S. border and then ordered his removal to Syria for the express purpose of detention and interrogation under torture by Syrian officials. He brings claims under the Torture Victim Prevention Act and the Fifth Amendment to the U.S. Constitution.

Defendants...

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