Legal Battle Intensifies as Afghan Mother Challenges Deportation Under Alien Terrorist Court
Wertynews.com – A federal public defender has pledged to mount a robust defense for his client, an Afghan national and U.S. permanent resident facing deportation after the Justice Department labeled her an “alien terrorist.” During Thursday’s proceedings, attorney Matthew Farley declared to a federal judge that the government’s approach violates both constitutional principles and due process guarantees.
This landmark case marks the inaugural session of the Alien Terrorist Removal Court, a specialized tribunal established in 1996 but never utilized until now. The court was designed to handle deportation cases involving classified information that cannot be disclosed publicly without compromising national security interests.
Constitutional Concerns Raised
Farley argued before U.S. District Judge Joan Ericksen that the current framework circumvents standard criminal procedures. “This entire scheme is in violation of due process and unconstitutional,” the attorney stated, noting that the court operates under a lower evidentiary threshold than traditional criminal proceedings.
While Farley requested immediate release for his client—a motion the judge declined—he emphasized that the matter would receive further consideration during an upcoming detention hearing. Ericksen, who serves as the chief judge of this newly activated court, acknowledged the procedural challenges inherent in reviving a dormant system.
A Court Reborn After Three Decades
The tribunal has remained inactive for approximately thirty years, creating unique logistical hurdles. Judge Ericksen noted that the court currently lacks even a basic electronic filing mechanism, requiring patience from all parties as staff members establish operational infrastructure.
Participants in these removal proceedings face significant restrictions. Unlike defendants in criminal trials, they cannot examine classified evidence presented against them nor legally contest the methods used to gather that evidence. However, Green card holders like Haji Zada receive somewhat enhanced protections, including the right to have the government assign legal representation with appropriate security clearance.
Family Ties to Alleged Terror Plot
Haji Zada, who resides in Texas and appeared in court wearing a cream-colored head covering with interpreter assistance, has no prior criminal record and has never faced terrorism charges herself. Nevertheless, Justice Department prosecutors contend that she played a role in “radicalizing” close relatives to back the Islamic State organization.
Last year, her son Abdullah Haji Zada and son-in-law Nasir Ahmad Tawhedi each pleaded guilty in an Oklahoma federal courtroom. Both men admitted to buying two AK-47-style firearms along with five hundred rounds of ammunition from an undercover FBI operative as part of what authorities described as a conspiracy aimed at disrupting the 2024 presidential election.
At the time of his 2024 arrest, Abdullah was merely seventeen years old. Charged as an adult, he entered a guilty plea to weapons offenses upon turning eighteen. Tawhedi similarly pleaded guilty to charges involving both terrorism and firearms violations.
“He never promoted extremist views, sought out radical content, or communicated with any known recruiters. He took no independent steps to plan or advance violence, and there is no indication he understood the full scope of his brother-in-law’s scheme,” his lawyers wrote at the time.
Classified Evidence Remains Hidden
During Thursday’s hearing, Judge Ericksen pressed government officials to provide clearer details regarding the allegations. Acting Deputy Assistant Attorney General Hayden O’Byrne initially offered only general assertions that classified materials indicated Haji Zada qualified as an “alien terrorist.”
According to O’Byrne, FBI documentation demonstrates that Haji Zada serves as a “supporter of Isis and has pledged loyalty to Isis.” He further claimed she covertly influenced her family members without her husband’s knowledge.
While some court filings became publicly available late Wednesday evening, the majority of evidence against Haji Zada remains sealed. Her attorney expressed concern that the unclassified summary shared with his client contained scant information—essentially just two paragraphs of text.
