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1. AP 4/8/04: Federal Judge Orders Release of Palestinian Detainee
2. Be Ready for Further Actions to Ensure Farouk's Release
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1. AP 4/8/04: Federal Judge Orders Release of Palestinian Detainee
Associated Press
April 8, 2004
HARRISBURG, Pa. - A federal judge on Thursday ordered the release of a
Palestinian whom she called a "stateless man," saying the government
did
not prove he was to blame for the fact he has not been deported.
Farouk Abdel-Muhti, 56, has been jailed since April 2002 on the basis
of a
1995 deportation order. His arrest came a month after he began working
with
a New York radio station to arrange live telephone interviews with
Palestinians in the West Bank.
The government has been trying to deport Abdel-Muhti for years, but
neither
the United States or Abdel-Muhti have had success getting a country to
accept him, the judge found.
U.S. District Judge Yvette Kane in Harrisburg said Abdel-Muthi is to be
released within 10 days because he has shown there is no significant
likelihood that the government will deport him in the foreseeable
future.
The government's argument, the judge wrote, was that it was
Abdel-Muthi's
fault that he couldn't be repatriated. But Kane found that Abdel-Muthi
made
"substantial" efforts to obtain travel documents to leave the United
States.
Abdel-Muhti, who has produced a Jordanian birth certificate and
provided
U.S. immigration officials with varying dates of birth and
nationalities,
argues that because he left the West Bank before 1967, Israel will not
issue travel documents. He was born in Palestine in 1947 when it was
controlled by Britain.
Kane wrote that Abdel-Muhti "has sought travel documents from Jordan,
Israel, Palestinian authorities, Honduras and Egypt. All efforts have
been
unsuccessful due to his unique position as a Palestinian-born
individual
who is ineligible for either Israeli or Palestinian identification
numbers.
Government efforts have likewise been fruitless."
His lawyer, Shayana Kadidal of the Center for Constitutional Rights in
New
York, said Thursday the ruling doesn't grant Abdel-Muhti a green card.
"He's still what we call 'out-of-status' in immigration lawyer
parlance.
But basically it says there's basically no chance he's going to be
deported," Kadidal said.
The assistant U.S. attorney who opposed Abdel-Muhti's release during a
hearing in Harrisburg last month noted Abdel-Muhti had previously
failed to
comply with immigration reporting requirements.
[The judge's decision is available in PDF format; write to
freefarouk@yahoo.com.]
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2. Be Ready for Further Actions to Ensure Farouk's Release
Dear Friends,
Judge Kane's ruling today is a tremendous victory for all of us--
for Farouk's legal team, of course, but also for the social
movement that kept up the pressure on the government during the
two long years that Farouk has been detained, including the many
activists who petitioned, leafleted, rallied, donated, arranged
screenings of the video, wrote letters of support, attended the
hearing in Harrisburg last week. In her decision Judge Kane cited
"the numerous letters of support and affidavits submitted in
support of Petitioner's petition for writ of habeas corpus" as
countering the government's efforts "to place Petitioner in a bad
light."
But there is still more to be done. We don't know what steps--
legal or extralegal--the government may take to keep Farouk
imprisoned, and we still need to be ready to respond.
The most disturbing development is that as of the evening of
Thursday, April 8 Farouk has been missing for two days. Despite
the judge's order to return Farouk to the Hudson County, NJ, jail
"immediately" after his hearing on March 30, the government kept
Farouk for a full week in the Dauphin County jail in Harrisburg,
PA. Pressed for an explanation by Farouk's lead attorney, Shayana
Kadidal, the government transferred Farouk to the custody of US
marshals on Tuesday, April 6, presumably for transfer back to the
Hudson County facility--but no one has heard from him since.
In what may be a connected development, two people working in the
campaign for Farouk's release have been subjected to serious
harassment by government agents since Farouk's hearing. We will
keep you informed of this situation as it evolves.
The government can also seek to delay Farouk's release by legal
means, such as filing an appeal or trying to impose stringent
conditions for his release. It is possible that the government
will ask for a bond.
We are not asking for any actions at this point, but we urge you
to be ready to respond quickly if the need arises. Also, please
notify us if you can help with bond. If you live in New York, we
are continuing our Friday vigils at the Federal Building until
Farouk is actually released. We will be there tomorrow, Friday,
April 9 from noon to 1 pm--at 26 Federal Plaza, Broadway at Worth
Street in Lower Manhattan.
Thanks for all your help,
David L. Wilson
Committee for the Release of Farouk Abdel-Muhti
4/8/04: Farouk Abdel-Muhti has now been held for 714 days
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Committee for the Release of Farouk Abdel-Muhti
PO Box 20587, Tompkins Square Station, New York, NY 10009
Phone: 212-674-9499 * Email
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