The Trump administration's activation of a long-dormant court to seek an Afghan woman's deportation violates her constitutional rights, a defense lawyer argued Thursday at a hearing for the first case to be heard in the obscure court since its creation 30 years ago.
Attorney Matthew Farley urged the chief judge of the Alien Terrorist Removal Court to dismiss the case against Nazira Haji Zada and immediately release his client. Judge Joan Ericksen denied Farley’s requests but said Zada's lawyers can renew them as the case proceeds in the nation's capital.
“This entire scheme is in violation of due process and unconstitutional.” said Farley, an assistant federal public defender.
The court, established in 1996, had never received a petition until this month, when the Justice Department filed an application seeking Zada's removal. The court has a specific authority to conduct deportation proceedings for individuals whom the Department of Justice classifies as “alien terrorists.”
FBI agents arrested her Tuesday at her Fort Worth, Texas, home. She is not charged with any crimes.
An FBI memo dated July 15 said it “developed information” that she is an Islamic State supporter who had her children pledge their loyalty to the terrorist group. The memo says she “supported” a plot by relatives to carry out an ISIS-inspired attack in the United States.
Court filings identify her as the mother and mother-in-law of two Afghan men who were convicted in Oklahoma for their roles in the 2024 Election Day plot. Her son, Abdullah Haji Zada, was sentenced in November to 15 years in prison and court records show he previously agreed to be removed from the U.S. after his release.
