KHOUZAM v. ATTORNEY GENERAL OF U.S.

Nos. 07-2926, 08-1094.

549 F.3d 235 (2008)

Sameh Sami S. KHOUZAM, Petitioner No. 07-2926 v. ATTORNEY GENERAL OF the UNITED STATES; Michael Chertoff, Secretary of Department of Homeland Security; Julie Myers, Assistant Secretary of Homeland Security Sameh Sami S. Khouzam, v. Michael Chertoff, Secretary of Department of Homeland Security; Thomas H. Hogan, Warden, Appellants No. 08-1094.

United States Court of Appeals, Third Circuit.

Filed: December 5, 2008.


Attorney(s) appearing for the Case

Amrit Singh, Esq., [Argued], Lee Gelernt, Esq., [Argued], Judy Rabinovitz, Esq., American Civil Liberties Union, Immigrants' Rights Project, New York, NY, Morton H. Sklar, Esq., World Organization for Human Rights, USA, Washington, DC, Witold J. Walczak, Esq., American Civil Liberties Union, Pittsburgh, PA, for Petitioner/Plaintiff-Appellee Sameh Sami S. Khouzam.

Demetrios K. Stratis, Esq., Fairlawn, NJ, for Amicus Appellee American Center for Law and Justice; European Centre for Law and Justice.

Baher A. Azmy, Esq., Seton Hall Law School Center for Social Justice Newark, NJ, for Amicus Appellee Scholars of International Human Rights Law.

Jane M. Ricci, Esq., Eleanor H. Smith, Esq., Zuckerman Spaeder, Washington, DC, for Amicus Appellee Organisation Mondiale Contre la Torture The Redress Trust.

Paul R. Taskier, Esq., Dickstein Shapiro, Washington, DC, for Amicus Appellee Human Rights Watch; Amnesty International; Center for Constitutional Rights; International Commission of Jurists; International Federation for Human Rights.

Thomas H. Dupree, Jr., Esq., [Argued], United States Department of Justice, Washington, DC, Douglas E. Ginsburg, Esq., United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Defendants/Appellants Secretary of Department of Homeland Security; Thomas Hogan.

Before: RENDELL, SMITH, and FISHER, Circuit Judges.


OPINION OF THE COURT

RENDELL, Circuit Judge.

Sameh Sami S. Khouzam, a citizen of Egypt and a Coptic Christian, challenges the legality of his detention and imminent removal based on diplomatic assurances by Egypt that he would not be tortured if he was returned. In 1998, Khouzam was denied admission to the United States and taken into custody upon arriving without proper documentation. After years of proceedings, Khouzam was granted relief from removal because...

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