Department of Justice Seal

FOR IMMEDIATE RELEASE

INS

TUESDAY, OCTOBER 26, 1999

(202) 514-2007; 514-2648

WWW.USDOJ.GOV

TDD (202) 514-1888


STATEMENT BY THE JUSTICE DEPARTMENT

ON THE CASE AGAINST HANY KIARELDEEN


WASHINGTON, D.C. -- The Department of Justice has decided not to appeal a decision by the Board of Immigration Appeals to release Hany Kiareldeen, who has been detained by U.S. authorities based on a belief that he posed a threat to the national security.

On October 15, the Board agreed that the government's evidence, which was classified, by itself may have justified a belief that Kiareldeen posed a threat to the national security. But, the Board found that Kiareldeen offered evidence sufficient to overcome that concern.

Under the law, a decision of the Board may be appealed, or "certified to the Attorney General," by either the Board itself, the Commissioner of the Immigration and Naturalization Service, or the Attorney General. Both the Commissioner and the Justice Department believe that, by submitting the evidence to an immigration judge and the Board, the process has taken its course. As a result, the Department has decided not to take the extraordinary step of appealing the Board's decision.

The decision effectively ends INS' administrative case against Kiareldeen. Immediately following the Department's decision, the INS took steps to ensure Kiareldeen's prompt release.

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99-502