Update - January 24, 2004
Court Denies Government Request to Rehear Closed Immigration Hearings Case
The Court denied the government's petition for a rehearing in the ACLU's successful challenge to the government's blanket policy of conducting secret deportation hearings in post-9/11 cases.
Last August, a unanimous three-judge panel of the appeals court struck down the policy, declaring in a much-quoted decision that "democracies die behind closed doors." If the government chooses to pursue the case, it now has 90 days from today to file a petition for certiorari with the United States Supreme Court.
The ACLU has also challenged the government's secrecy rules on behalf of a group of New Jersey newspapers. In that case, the Third Circuit Court of Appeals in Philadelphia upheld the government's secrecy policy and recently denied an ACLU request for a full court rehearing.
By reinforcing a split between the Circuits, today's order by the Sixth Circuit increases the likelihood that the Supreme Court will have the final say on the legality of secret deportation hearings. The deadline for filing a petition for certiorari from the Third Circuit decision is the first week of March.
January 29, 2002 - Press Release
In a case that could open the doors to legal proceedings of detainees around the nation, the American Civil Liberties Union today filed a lawsuit on behalf of two local newspapers and Rep. John Conyers, D-MI, saying that a categorical block on public access to immigration hearings is unconstitutional and un-American.
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