Afghan Woman Deported in First-Ever Use of Alien Terrorist Removal Court

Nazira Haji Zada, a 47-year-old Afghan permanent resident living in Texas, was deported from the United States following the first-ever use of the Alien Terrorist Removal Court (ATRC). Although never charged with a crime, prosecutors accused her of being the "matriarch" of a family group that radicalized relatives convicted of plotting an Islamic State-inspired mass shooting. Her lawyers argued the process violated due process by denying access to confidential evidence.

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The United States has carried out its first deportation under the Alien Terrorist Removal Court (ATRC), sending Nazira Haji Zada back to Afghanistan. The 47-year-old Afghan citizen held legal permanent residency and lived in Texas. The ATRC, established in 1996, had not heard a case prior to the July proceedings involving Haji Zada.

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Haji Zada was never charged with a crime herself. However, prosecutors accused her of acting as the "matriarch" of a family group that worked to radicalize her son, Abdullah Haji Zada, and her son-in-law, Nasir Ahmad Tawhed. Both men were found guilty of plotting a mass shooting on Election Day 2024 inspired by Islamic State.

According to the Department of Justice (DOJ) and her attorneys, Haji Zada chose to leave the country rather than continue arguing her case before the court. The DOJ stated that she conceded she is an alien terrorist and waived her appeal of the removal order. Todd Blanche, a DOJ official, hailed the removal as a victory for national security.

Her court-appointed lawyers, Matthew Farley and Mary Manning Petras, contested the fairness of the proceedings. They argued that the case violated Haji Zada's right to due process because they were denied access to the confidential evidence used against her. While the DOJ characterized her departure as a concession, her legal team maintained that her consent to removal should not be interpreted as an endorsement of the court's legitimacy.

The deportation marks the termination of Haji Zada's previous immigration status. Legal challenges regarding the constitutionality of the ATRC remain unresolved.

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