A federal court held its inaugural public hearing on a deportation case after nearly three decades of dormancy, as the Trump administration invoked its authority to pursue removal of an Afghan woman identified as Nazira Haji Zada. The Alien Terrorist Removal Court, established in 1996, had never received a petition until this month when the Justice Department filed an application seeking Zada’s removal based on allegations of support for the Islamic State.
Defense attorney Matthew Farley argued Thursday that the proceeding violates his client’s constitutional rights and requested dismissal of the case and her immediate release. Chief Judge Joan Ericksen denied those motions but allowed the defense to renew them as the case proceeds. Farley characterized the case as “a runaround for bringing a criminal case,” while Judge Ericksen acknowledged the court was operating without established precedent, noting there were few relevant legal authorities available.
Zada, a lawful permanent resident, was arrested at her home in Fort Worth, Texas, earlier in the week and is not charged with any crimes. According to an FBI memo, agents developed information that she is an Islamic State supporter whose children pledged loyalty to the terrorist group and that she supported a plot by relatives connected to an alleged ISIS-inspired attack on U.S. soil. Court records show her son, Abdullah Haji Zada, and her son-in-law, Nasir Ahmad Tawhedi, were convicted in Oklahoma for roles in a plot referenced as occurring on 2024 Election Day, with the son receiving a 15-year sentence.
Acting Attorney General Todd Blanche stated that Congress created the court to deport individuals classified as “alien terrorists,” and characterized Zada as “the matriarch of an ISIS-sympathizing family” involved in plotting a mass casualty attack. Justice Department attorney Hayden O’Byrne indicated that the FBI’s investigation involves classified information that cannot be disclosed publicly. The court consists of five federal judges appointed by the chief justice of the United States from different districts nationwide.
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