Federal authorities had kept Al-Najjar, a former University of South Florida teacher, in prison for 1,307 days claiming they had secret evidence tying him to terrorism. The government cited national security in its refusal to provide the evidence to Al-Najjar's lawyers, who were able to convince a federal judge that the detention violated due process. After reviewing a summary of the so-called evidence, an immigration judge ruled it was not detailed enough to allow Al-Najjar to defend himself and he was released on Dec. 15, 2000.
After his latest arrest on charges that his visa expired in 1985, Al-Najjar was taken to a federal prison 70 miles north of Tampa. An appeals court has given the go-ahead for Al-Najjar to be deported. However, as a stateless Palestinian without a country willing to accept him, it's likely he'll again remain behind bars indefinitely.
INS agents seized Al-Najjar without allowing him to tell his wife, Fedaa, who was at work. His three daughters, ages 6, 11, and 13, were left at their apartment. According to the Tampa Tribune, his sister, Nahla Al-Arian, said the family did not know for hours where her brother was. "Everyone is very upset," she said, "The whole community is devastated."
David Cole, a law professor assisting Al-Najjar's defense, said he was never alleged to be a terrorist. Even government claims he was linked to terrorist organizations were never supported by evidence presented in an open court, reported the Tribune. Under the visa violation, after 90 days, the government could extend Al-Najjar's detention up to six months if prosecutors show he is a danger to others or poses a flight risk, Cole said.
Al-Najjar's request for political asylum in the United States has been denied.
According to relatives attending evening Ramadan observances at a mosque, no one has been able to contact Al-Najjar since his virtual abduction. His lawyers say the government is using the arrest as a test case for expanding its antiterrorism powers, the St. Petersburg Times reported.
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