Case 6:19-cv-06196 Documenti1 Filed 03/15/19 Page 1 of 21 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ADHAM AMIN HASSOUN, Petitioner, V. Case No. 19-cv-6196 JEFFREY SEARLS, in his official capacity Acting Assistant Field Office Director and Administrator of the Buffalo Federal Detention Facility. Respondent. VERIFIED PETITION FOR WRIT OF HABEAS CORPUS UNDER28 U.S.C. § 2241 1. Petitioner Adham Amin Hassoun (A#074-079-096) is currently being held in unlawful, indefinite detention at the Buffalo Federal Detention Facility (‘-BFDF’) in the custody of the Department of Homeland Security (“DHS”) and, specifically, Jeffrey Searls, Acting Assistant Field Office Director of U.S. Immigration and Customs Enforcement (“ICE”) Buffalo Field Office. 2. This case concerns the government’s asserted power to hold Mr. Hassoun in detention indefinitely—potentially for the rest of his life—based on nothing more than a unilateral executive branch determination that his release could pose a national security “risk” or terrorism “threat.” 3. Mr. Hassoun lived peacefully in the United States for more than a decade before his arrest. He has completed his sentence for the crimes of which he was convicted. 4. He has three children, all of whom are U.S. citizens, as well as extended family whoare also U.S. citizens living in Florida. Case 6:19-cv-06196 Documenti1 Filed 03/15/19 Page 2 of 21 5. Mr. Hassounis a stateless Palestinian man who has been ordered removed from this country. But no country, including Lebanon,the country of his birth, has agreed to accept him. He has been held in immigration custody awaiting removal since his criminal sentence ended, more than 17 months ago. 6. In a prior habeas proceeding, the U.S. District Court for the Western District of New York held that the government could not establish that he would be removed to another country within the reasonably foreseeable future. On that basis, the Court found that Mr. Hassoun’s indefinite detention had become unlawful under the Supreme Court’s decision in Zadvydasv. Davis, 533 U.S. 678 (2001), which interpreted the statute that authorizes detention following a final order of removal, 8 U.S.C. § 1231(a), as authorizing detention only insofar as removal is significantly likely in the reasonable future. 7. The Supreme Court held that 8 U.S.C. § 1231(a) does not authorize indefinite detention. Zadvydas, 533 U.S. at 682; see also Hassoun v. Sessions, No. 18-CV-586-FPG, 2019 WL 78984 (W.D.N.Y. Jan. 2, 2019) (holding that because Mr. Hassoun’s removal was not reasonably foreseeable, his detention was not authorized by the statute). 8. Yet the governmentin this case claims precisely that power. The government has invoked a regulation, 8 C.F.R. §241.14(d), that purports to authorize it to hold Mr. Hassoun indefinitely based on a unilateral determination by a government official that he could be dangerous. The regulation purports to allow the government to condemn Mr. Hassoun to spendthe rest of his natural life in prison and to die in immigration custody—without criminal charge or trial, without the ability to meaningfully review the underlying evidence against him, and without the opportunity to confront his accusers. Case 6:19-cv-06196 Documenti1 Filed 03/15/19 Page 3 of 21 9, This regulation is unlawful and unconstitutional. First, the regulation flatly contradicts the statute under which it was enacted, as authoritatively construed by the Supreme Court, and is therefore ultra vires. Second, it does not comport with the Substantive Due Process protection of the fundamental right not to be deprived of one’s freedom. Third, it does not provide even the most minimal procedures required by Procedural Due Process. Fourth, the regulation is void-for-vagueness because it does not provide fair notice of what actions could consign a person to be locked away in detention for the rest of his life. Fifth, the regulation subjects Mr. Hassoun to punishmentfor the same crime twice, violating the Double Jeopardy Clause. Finally, the regulation violates the Fifth Amendment because it unlawfully discriminates on the basis of alienage. 10. Even if the regulation were valid, whichit is not, Mr. Hassoun cannot be detained underits authority because the government’s evidence against Mr. Hassoun1s insufficient to fulfill the three elements required to justify continued detention under the regulation. 11. Mr. Hassoun is not a threat to national security. The judge who presided at Mr. Hassoun’s 4-month-long trial found at sentencing that his crimes were not violent, involved no identifiable victims, and were never directed against the United States or anyone in this country. The judge issued a sentence well below the guidelines range precisely because the facts did “not support the government’s argument that Mr. Hassounis such a danger to the community that he needs to be imprisonedfor the rest of his life.” 12. Mr. Hassoun continues to pose no national security threat. The only allegations beyondhis conviction that the governmentrelies on are anonymous, uncorroborated accusations made by unnamed fellow BFDF detainees who havestronginterests in providing false information to the authorities in exchange for favorable outcomes in their own cases. Mr. Hassoun unequivocally denies these anonymousallegations. Case 6:19-cv-06196 Documenti1 Filed 03/15/19 Page 4 of 21 13. Moreover, the regulation requires Mr. Hassounto be released from custody if there are any conditions of release that would reasonably avoid a supposed risk. Mr. Hassoun’s prior conviction, as well as the government’s new and false allegations, stem solely from communication with other individuals. Thus, even if Mr. Hassoun poseda risk to national security, which he does not, any risk could be mitigated by appropriate conditions of release, such as monitoring and travel restrictions. 14. Indeed, a co-defendant who wastried together with Mr. Hassoun, convicted of the same charges, and sentenced to a similar term 1s now at liberty after completing his sentence. 15. Mr. Hassoun’s detention is unjustified. There is no reason why he should continue to be imprisoned rather than being released to the custody of his U.S. citizen sister under appropriate conditions of supervision. Jurisdiction and Venue 16. This Court has subject matter jurisdiction over this Petition pursuant to 28 U.S.C. § 2241, 28 U.S.C. § 1331, and the Suspension Clause of the United States Constitution, Art. I, sec. 9, cl. 2. 17. Mr. Hassoun’s current detention constitutes a “severe restraint” on his individual liberty such that Petitioner is “in custody” of the Respondentsin violation of the laws of the United States.” Hensley v. Municipal Court, 411 U.S. 345, 351 (1973); 28 U.S.C. § 2241. 18. Pursuant to Braden v. 30th Judicial Circuit Court ofKentucky, 410 U.S.484 (1973), venue lies in the United States District Court for the Western District of New York, the judicial district in which Petitioner is being detained. Mr. Hassoun is being detained at the Buffalo Federal Detention Facility, which is under the jurisdiction of the ICE Field Office of Buffalo, New York, Case 6:19-cv-06196 Documenti1 Filed 03/15/19 Page 5 of 21 which encompassesthe geographic area where Petitioner is being detained, pursuant to 28 U.S.C. § 1391. Statement of Facts Mr. Hassoun’s Background 19. Adham Amin Hassounis a Palestinian man born to Palestinian parents in Beirut, Lebanon on April 20, 1962. His parents resettled in Lebanon after the 1948 Arab-Israeli War. Lebanon doesnotgrant citizenship to Palestinian refugees born within its borders. 20. Moreover, Mr. Hassoun’s father never registered his family with the United National Relief Works Agency. As a result, despite living in Lebanon for many years, Mr. Hassoun was never recognized by Lebanonasa refugee. 21. Growing up in Lebanon, Mr. Hassoun knew firsthand what happened to a country wheninternal politics turned violent. As a teenager, he and his friends converted an old car into an ambulance and transported the woundedto the hospital during an armed conflict. 22. During Lebanese Civil War, Mr. Hassoun and his father were both captured, his father by the Lebanese Army and Mr. Hassoun by Shiite fighters. When Mr. Hassoun was captured, he was held for four nights andtortured. 23. Mr. Hassoun arrived in the United States on September 10, 1989, as a nonimmigrant visitor. He adjusted his status to that of an F-1 nonimmigrant student on June 5, 1990, when he began his studies at Nova Southeastern University. 24. Following his studies and after receiving work authorization, Mr. Hassoun worked in the IT field as a computer programmer and systems analyst. During this time, his mother sponsored him for a green card. While waiting on his green card, Mr. Hassoun began a family and had three sons, all of whom are U.S. citizens. Case 6:19-cv-06196 Documenti1 Filed 03/15/19 Page 6 of 21 25. On June 12, 2002, Mr. Hassoun was detained by immigration authorities and charged with overstaying his visa, despite the fact that the government had approved his mother’s petition sponsoring him for permanent resident in 1990, and his application for a green card remained pending. The government detained Mr. Hassoun at the Krome Service Processing Center in Miami, Florida throughout his immigration proceedings. 26. Mr. Hassoun’s arrest fits a pattern of widespread detention of Muslims on immigration charges for purposes of interrogation in the months after the September 11 attacks. As the Department of Justice’s Office of Inspector General has documented, between September 2001 and August 2002, more than 1,200 citizens and immigrants were detained for questioning, and more than 750 immigrants were held long-term in immigration detention as part of a farreaching and often indiscriminate FBI investigation. 27. Mr. Hassoun was ultimately ordered removed by an immigration judge, and the Board of Immigration Appeals subsequently rendered his removal order administratively final. Mr. Hassoun continued to be detained in post-final order detention until he was transferred to criminal custody in January 2004. 28. The most difficult part of Mr. Hassoun’s incarceration has been his separation from his family, including his three children, who were young whenhe wasfirst detained and are now adults. Despite his prolonged separation from his children—including leaving his youngest son when hewasonly two years old—Mr. Hassoun has managed to maintain an incredibly strong bond with each of them. He speaks with them almostdaily on the phone. 29. He also hasfive siblings. His sister, Beth, 1s a U.S. citizen whohaslived in Florida since 1982. His other sister lives in Sweden andhis three brothers live in the United Arab Emirates. Case 6:19-cv-06196 Documenti1 Filed 03/15/19 Page 7 of 21 30. If released, Mr. Hassoun would live with his sister, Beth, a United States citizen. She is ready to welcome him into her home, and has made arrangements to accommodate him. A federal probation officer reviewed the reentry plan for Mr. Hassounafter visiting Beth’s house and foundit to be adequate. Mr. Hassoun’s Criminal Conviction 31. The government appears to be relitigating Mr. Hassoun’s criminal conviction in which United States District Court Judge Marcia Cooke explicitly held that his crimes did not justify a life sentence. By invoking immigration detention laws, the government is attempting to circumvent Judge Cooke’s decision, even though these laws have been construed by the Supreme Court as not authorizing such indefinite and possibly lifelong detention. 32. Mr. Hassoun wasindicted on 11 counts, but was brought to trial on only three counts. On August 16, 2007, ajury found Mr. Hassoun guilty of these three charges, which related to support he had provided in 1990s to people sited in various conflicts involving Muslims around Eastern Europe, the Middle East and Northern Africa. 33. The crimes of which Ms. Hassoun was convicted—material support for terrorism and related conspiracy charges—involved no acts of violence and involved no actions directed at, in, or against the United States. He was charged andtried based on his outspoken support in the 1990s of ethnic minorities defending themselves in conflicts abroad. Mr. Hassoun understood himself to be engaging in protected speech in support of Muslims aroundthe world. 34. Judge Cooke, who presided overhis 4-month-longtrial, confirmed that his offenses involved nothreat to the United States and no national security threat more broadly. See Hassoun Sentencing Tr., United States v. Hassoun, No. 04-cr-60001 (S.D. Fla.), attached as Exhibit A. Case 6:19-cv-06196 Documenti1 Filed 03/15/19 Page 8 of 21 35. In particular, at sentencing, Judge Cooke concluded that “[nJo so-called act of terrorism occurred on United States soil. [Hassoun] did not seek to damage United States infrastructure, shipping interests, power plants or government buildings. There was nevera plot to harm individuals inside the United States or to kill government or political officials. There was never a plot to overthrow the United States government. ” /d. 5:19-25. 36. Judge Cookealso madeclearthat the conviction on charges of material support and “conspiracy to maim, kill or kidnap” included absolutely “no evidence that [Mr. Hassoun] personally maimed, killed or kidnapped anyone in the United States or elsewhere . . . [and] the government has pointed to no identifiable victims.” /d. 6:7-19. She confirmed that the conviction was based solely on Mr. Hassoun efforts to “provide support to people sited in various conflicts involving Muslims” abroad. /d. 37. Judge Cooke found that Mr. Hassoun posedno dangerandthat a life sentence could not be justified on the groundsthat it was necessary to preventa risk to the community. 38. Judge Cooke also noted that Mr. Hassoun had submitted many letters of support from membersof his community and that “[h]is employer and co-employees describe him as smart, compassionate and a caring human being.” /d. 7:17-18; Hassoun Letters of Support, Attached as Exhibit B. 39. Even more important, Judge Cooke found that “the government intercepted most of Mr. Hassoun’s telephone, work, home, cell, and fax. The interceptions and investigation continued for many, many years. He was questioned and never charged with a crime. The government knew where Mr. Hassoun was, knew what he was doing and the government did nothing. This fact does not support the government’s argument that Mr. Hassoun poses such a Case 6:19-cv-06196 Documenti1 Filed 03/15/19 Page 9 of 21 danger to the community that he needs to be imprisoned for the rest of his life.” Hassoun Sentencing Tr, Ex. A. 8:8-16 (emphasis added). AQ. As Judge Cooke noted, Mr. Hassoun was underconstant electronic supervision for nearly a decade in the 1990’s and early 2000’s and during that time he never harmed anybody and nevertook any actions against the United States. The “terrorism” crimes of which he was charged and convicted related solely to communications he had andfinancial support he provided. They wereevidently not serious enoughto prompt the governmentto take any action for years, nor were they serious enough to cause the sentencing judge to impose a strict sentence, despite the government’s arguments. Al. To the contrary, in light of the nature of his offenses, Judge Cooke rejected the government’s request for a life sentence andalso rejected a guidelines range of 360 monthsto life. Id. 7:2-3, 14:21-22. Instead, she departed radically downward, issuing a 188-month sentence. /d. 16:22-17:1. The government did not appeal the sentence. The remaining eight counts alleged against Mr. Hassounin the indictment were subsequently dismissed by the U.S. Attorney. 42. Mr. Hassoun served approximately 165 months of his 188-month sentence, receiving approximately 23 months of good time credit. The Government’s Indefinite Detention of Mr. Hassoun. 43. The government now seeks to impose what amounts to a life sentence on the very same basis that the trial judge considered and rejected—.e. that Mr. Hassoun’s release would pose a danger to the community. There is no more basis for that conclusion now than there was when Mr. Hassoun wassentenced nearly 17 years ago. Case 6:19-cv-06196 Document1 Filed 03/15/19 Page 10 of 21 44. To the contrary, Mr. Hassoun hasserved his sentence and has demonstrated through his good behavior in prison and immigration custody that he is not a threat to anybody. The new allegations the government hasput forth are baseless and unsupportedby anyreliable evidence. 45. Mr. Hassoun has been detained in immigration custody at BFDF since October 2017, under 8 U.S.C. § 1231(a)(6), awaiting deportation from the United States on a final order of removal issued by the Board of Immigration Appeals. 46. The governmenthas been unable to find a country that will accept him. A7. The government could release Mr. Hassoun into a supportive community andinto the custody of his U.S. citizen sister in Florida, under appropriate conditions of supervisedrelease, but instead continues to deprive Mr. Hassounofhis liberty. A8. In May 2018, Mr. Hassounfiled a petition for habeas corpus challenging the lawfulness of his detention asserting that his continued, indefinite detention was no longer lawful under 8 U.S.C. § 1231(a)(6) because it violated the Supreme Court’s decision in Zadvydas v. Davis, 533 U.S. 678 (2001), among other constitutional and statutory grounds. See Hassoun v. Sessions, 18-cv-00586-FRG (filed May 22, 2018). 49, On January 2, 2019, the Court issued a decision and order finding that “[Mr. Hassoun]’s continued detention is no longer authorized under § 1231(a)(6). The Court determined the government had failed to show “a significant likelihood of [Mr. Hassoun’s] removalin the reasonably foreseeable future.” Hassoun v. Sessions, 2019 WL 78984,at *6. 50. The Court held, therefore, that Mr. Hassoun’s detention had become unlawful under the standard established by the Supreme Court in Zadvydas. Id. 10 Case 6:19-cv-06196 Document1 Filed 03/15/19 Page 11 of 21 51. The Court, however, allowed some additional time for the government to pursue negotiations with an unspecified country that the government had approached aboutaccepting Mr. Hassoun./d. at *7. 52. The Court ordered the governmentto report on the status of those negotiations by January 28, 2019, and further ordered the governmentto release Mr. Hassoun by March 1, 2019. 53. The Court stated, in addition, that its order did not preclude the government from continuing to detain Mr. Hassoun “on any other permissible basis under applicable statutes or regulations.” Jd. 54. On January 28, 2019, the government notified the Court that the unspecified country had refused to accept Mr. Hassoun. 55. The next day, the Court issued an additional order confirming its prior order directing that Mr. Hassounbe released by March1, 2019, “except that the Court’s order “does not preclude Respondent Searls from continuing to detain [Mr. Hassoun] on any other permissible basis under applicable statutes and regulations.” 56. On February 22, 2019, the Department of Homeland Security served on Mr. Hassoun a “Notice of Intent and Factual Basis to Continue Detention.” See Notice, attached as Exhibit C. 57. The notice informed Mr. Hassoun that the government wasinitiating a procedure through which it would determine whether to hold Mr. Hassoun pursuantto 8 C.F.R. §241.14(d). 58. 8 C.F.R. § 241.14(d) states the government “shall continue to detain” a non-citizen who meets three criteria: (1) the individual “has engaged or will likely engage in any other activity that endangers the national security”; 1] Case 6:19-cv-06196 Document1 Filed 03/15/19 Page 12 of 21 (2) the individual’s release “presents a significant threat to the national security or a significant risk of terrorism”; and (3) “[n]o conditions of release can reasonably be expected to avoid the threat to the national security or the risk of terrorism, as the case may be.” 59. According to the regulation, the individual “shall be notified of the [DHS]'s intention to continue the alien in detention and of the alien’s right to submit a written statement and additional information.” 8 C.F.R. § 241.14(d). 60. The regulation denies the individual the opportunity to know the “factual basis for [his or her] continued detention”or “evidence against him or her” if the government determinesit wishes to withhold some such information for “the protection of national security and classified information.” 8 C.F.R. § 241.14(d)(2). 61. The individual is subject, in some circumstances, to an interview with an immigration officer. 8 C.F.R. § 241.14(d)(3). The regulation states that this interview will be allowed only “if possible.” This interview is not conducted before the actual decisionmaker, but instead appears to be in the nature of a deposition or interrogation. 62. This information is considered, in the first instance by ICE, which makes a recommendation to the Secretary of Homeland Security. 8 C.F.R. § 241.14(d)(5). 63. The Secretary of Homeland Security ultimately makes the decision about whether to certify the individual for continued detention under 8 C.F.R. § 241.14(d). The Secretary’s determination is based on the record developed by ICE and its recommendation, as well as the recommendation of the Federal Bureau of Investigation (“FBI”). 12 Case 6:19-cv-06196 Document1 Filed 03/15/19 Page 13 of 21 64. The regulation does not allow the individual to see any evidence against him that the governmentdoesnot wish to provide. 65. The regulation does not allow the individual any opportunity to question witnesses against him, or even to see witness statements upon which the government relies. Indeed, the regulation does not even require the governmentto identify the namesof the witnesses or sources of evidence upon whichitrelies. 66. The regulation also provides no opportunity for the individual to engage with the FBI prior to its recommendation, nor doesit set forth the basis upon which the FBI will makeits recommendation. 67. The regulation provides no opportunity for a hearing before any decisionmaker,let alone a hearing before an impartial decisionmaker. 68. Instead, the regulation leaves it within the Secretary’s sole discretion to make the ultimate determination regarding an individual’s potential lifelong imprisonment, and also leaves it in her sole discretion to choose whether to order additional procedures. 8 C.F.R. § 241.14(d)(6). 69. Once the Secretary makes her determination, the Deputy Secretary can re-certify the individual for continued detention every six months, potentially for the rest of the non-citizen’s life. The regulation does not clearly specify what these semi-annual reviewsentail, providing only that “the detention decision . . . is subject to ongoing review on a semi-annual basis as provided in this paragraph (d).” It is unclear whether Petitioner will have any other opportunity to confront the evidence against him, to review new evidence, to present new evidence, or otherwise to know the basis for and challenge his detention. 13 Case 6:19-cv-06196 Document1 Filed 03/15/19 Page 14 of 21 70. The regulation provides no opportunity for any further administrative review of decisions by the Secretary or Deputy Secretary. The notice provided Mr. Hassoun confirmsthat “Detention decisions under paragraph (d) are not subject to further administrative review.” 71. The regulation is silent as to the availability, scope, or nature ofjudicial review. 72. The regulation does not impose any obligation on the government to continue to find a country to which it can remove Mr. Hassoun. The regulation purports to authorize the government to hold Mr. Hassoun in detention until he dies in custody, even if the government makes no further effort to find a country that will agree to receive him. 73. On March 11, 2019, Mr. Hassoun wasserved with the administrative record that the Secretary of Homeland Security will purportedly consider when deciding whether to certify Mr. Hassoun for continued detention pursuant to 8 C.F.R. § 241.14(d). TA. The administrative record consists of seven exhibits. The first exhibit is the Notice to Alien of Intent and Factual Basis to Continue Detention served on Mr. Hassoun on February 22, 2019. Four of the exhibits relate to Mr. Hassoun’s previous criminal and immigration proceedings. One exhibit consists of Mr. Hassoun’s previous habeasfilings. 75. The final exhibit consists of a memorandum from FBI Director Christopher Wray recommending that Mr. Hassoun be detained pending removal as a significant threat to national security and a significant risk of terrorism. 76. The factual basis for this recommendation consists solely of three anonymous and uncorroborated reports from other detainees at the BFDF that Mr. Hassoun had attempted to recruit them for variousillegal activities. 77. Mr. Hassounstrongly deniesall of these allegations and strongly denies that any of the alleged conversations actually occurred. 14 Case 6:19-cv-06196 Document1 Filed 03/15/19 Page 15 of 21 78. The allegations in the FBI’s letter constitute double or triple hearsay and would not be admissible in any criminal prosecution against Mr. Hassoun. Instead, the government would have to produce the individuals who purportedly had these conversations with Mr. Hassoun to testify about those conversations and would require the government to provide moredetails about any inducementsor benefits these jailhouse informants received for their statements. 79. As it stands, the regulation does not provide Mr. Hassoun any opportunity even to see the underlying witness statements given by the individuals who purportedly made these reports to BFDFofficials. Mr. Hassoun will have no opportunity to question or cross-examine those witnesses. Indeed, he will not even be allowed to know whothe witnesses against him are. The government has provided no information as to the identity of the individuals making the reports other than that they are or were “detainees.” 80. _In addition, the FBI’s letter alleges that Mr. Hassoun used “incendiary rhetoric” in prayer services he conducted for fellow Muslims at BFDF. No further information is provided regarding the content of this “rhetoric” that would allow a decisionmakerto distinguish between First Amendmentprotected speech and criminalactivity. 81. Although Mr. Hassoun wasin the custody of the Bureau of Prisons (“BOP”) for 165 months, there are no allegations in the FBI’s letter pertaining to Mr. Hassoun’s time in BOP custody. 82. The governmenthas not charged Mr. Hassoun with new criminal offenses, despite the new allegations in the FBI’s letter. 83. Mr. Hassoun emphatically asserts that each ofthe new allegations in the FBI’s letter is false. 15 Case 6:19-cv-06196 Document1 Filed 03/15/19 Page 16 of 21 Claims COUNT ONE The Regulation is Invalid and Ultra Vires 84. The regulation exceeds the authority granted by Congress in 8 U.S.C. § 1231(a)(6), and is therefore invalid. 85. The Supreme Court authoritatively construed that same statutory provision in Zadvydas v. Davis, 533 U.S. 678 (2001), and held that it did not authorize indefinite detention. Instead, the Court authoritatively construed the provision to mean that “once removalis no longer reasonably foreseeable, continued detention is not authorized by the statute.” /d. at 699. 86. The regulation in question here flatly contradicts the statute, as interpreted by the Supreme Court. The regulation purports to authorize indefinite detention on national security grounds even though the Court held that the statute, as written, must be interpreted not to authorize indefinite detention. COUNT TWO Violation of the Fifth Amendment Substantive Due Process 87. The regulation under which Mr. Hassoun is being held violates the U.S. Constitution. 88. It authorizes indefinite preventative detention that could last for the rest of Mr. Hassoun’s naturallife based solely on a prediction of future risk or threat. It extends Mr. Hassoun’s detention indefinitely into the future, even after he has completed the criminal sentence that was imposedfor the crimes of which he was convicted. 16 Case 6:19-cv-06196 Document1 Filed 03/15/19 Page 17 of 21 89. This violates the Fifth Amendment to the United States Constitution, as interpreted in a string of Supreme Court cases that have never permitted the government to preventatively imprison a person indefinitely based solely on predictions of future dangerousness. See Addington v. Texas, 441 U.S. 418 (1979); Foucha v. Louisiana, 504 U.S. 71 (1992); Kansas v. Hendricks, 521 U.S. 346 (1997). 90. Moreover, the facts of Mr. Hassoun’s case cannot and justify indefinite detention consistent with Substantive Due Process limitations on the government’s power to imprison individuals beyondtheir criminal sentence. THREE Violation of the Fifth Amendment Procedural Due Process 91. The regulation is procedurally defective, depriving Mr. Hassoun of Due Process rights. Under the regulation, the government could deprive Mr. Hassounof the fundamentalrights to liberty andto life. It could consign him to die in federal custody. Yet the regulation, and the government’s implementation thereof, denies him the most fundamental requirements of Due Process. See Mathews v. Eldridge, 424 U.S. 319 (1976). COUNT FOUR Violation of Fifth Amendment Void for Vagueness 92. The Constitution forbids the government from depriving a personoflife, liberty or property withoutfair notice. Here, both the statute and regulation utilized by the governmentin an attempt to hold Mr. Hassoun indefinitely are unconstitutionally vague and should be rendered void as such. 17 Case 6:19-cv-06196 Document1 Filed 03/15/19 Page 18 of 21 93. Neither the regulation nor the statute provide definitions of the terms utilized throughout, nor do they provide any guidance for individuals, the court, or the government as to what can be considered to determine that a person held under this statute is a “risk to the community.” 8 U.S.C. § 1231(a)(6). 94. For these reasons, both 8 U.S.C. § 1231(a)(6) and 8 C.F.R. § 241.14(d) are unconstitutionally vague and should be voided. COUNT FIVE Violation of Double Jeopardy Clause 95. Mr. Hassoun’s continued imprisonment under the regulation amounts to punishmenttwice for the same crime. 96. The government, through this regulation, now seeks to transform Mr. Hassoun’s 188- month sentence into a life sentence that will last forever unless the governmentfinds a country that is willing to accept Mr. Hassoun. 97. This amounts to punishment twice for the same offence, in violation of the Double Jeopardy Clause of the U.S. Constitution. COUNT Violation of the Fifth Amendment Equal Protection 98. The regulation under which Mr. Hassounis being held violates the right to equal protection of the laws guaranteed by the U.S. Constitution because it explicitly discriminates on the basis of alienage or citizenship status. 99. The regulation singles out only non-citizens for potentially indefinite detention on national security grounds. Detention under the regulation is not tied to the pendency of ongoing removal proceedings or other immigration proceedings. It purports to authorize detention that can 18 Case 6:19-cv-06196 Document1 Filed 03/15/19 Page 19 of 21 extend for the rest of the non-citizen’s natural life. There is no parallel authority to detain a U.S. citizen indefinitely based solely on a determination that the citizen poses a national security risk or terrorism threat. 100. The regulation thus discriminates on its face on the basis of alienage. Such classifications are subject to strict scrutiny under the Constitution, a standard that the regulation cannot withstand. COUNT SEVEN Violation of the Regulation 101. Evenif 8 C.F.R. § 241.14(d) is constitutional on its face and is not ultra vires, the government cannot show that Mr. Hassoun meets the elements required to justify continued detention under the regulation. PRAYER FOR RELIEF WHEREFORE,Petitioner respectfully requests the Court to 1. Declare that 8 C.F.R. § 241.14(d) is ultra vires. 2. Declare that Mr. Hassoun’s indefinite detention is unlawful and unconstitutional. 3. Declare that 8 C.F.R. § 241.14(d) is unconstitutional. 4. Declare that Mr. Hassoun does not meet the requirements for indefinite preventative detention articulated in 8 C.F.R. § 241.14(d). 5. Order the government to release Mr. Hassoun under appropriate conditions of supervision. 6. Award attorneys’ fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. 7. Grant such further relief as the Court deems equitable and proper. 19 Case 6:19-cv-06196 Document1 Filed 03/15/19 Page 20 of 21 Dated: March 15, 2019 Buffalo, New York /s/ A. Nicole Hallett A. Nicole Hallett Jonathan Manes Supervising Attorneys Erin Barry Samantha Winter Marline Paul Emily Staebell Student Attorneys 507 O’Brian Hall, North Campus University at Buffalo School of Law Buffalo, NY 14260 716-645-2167 nicole@buffalo.edu Counsel for Petitioner 20 Case 6:19-cv-06196 Document1 Filed 03/15/19 Page 21 of 21 VERIFICATION PURSUANTTO28 U.S.C. § 2242 I am submitting this verification on behalf of Mr. Hassoun as one of Mr. Hassoun’s attorneys. I have discussed with Mr. Hassounthe events described in this Petition and have examinedall documents referenced herein. On the basis of those discussions and upon my review of those documents, on information andbelief, I hereby verify that the factual statements madein the attached Verified Writ of Habeas Corpusare true and correct to the best of my knowledge. Dated: March 15, 2019 Buffalo, New York /s/ A. Nicole Hallett A. Nicole Hallett Counsel for Petitioner 21 Case Document 1-1 Filed 03/15/19 Page 1 of 25 EXHIBIT A CREBIOSEPRO MoEtits "Pose?WHE Ss UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE 04-60001-CR-COOKE THE UNITED STATES OF AMERICA, Plaintiff, vs. MIAMI, FLORIDA JANUARY 22, 2008 TUESDAY - 11:00 A.M. ADHAM AMIN HASSOUN, KIFAH WAEL JAYYOUSI, JOSE PADILLA, a/k/a "Ibrahim, " a/k/a "Abu Abdullah the Puerto Rican", a/k/a "Abu Abdullah Al Mujahir", Defendants. TRANSCRIPT OF SENTENCING PROCEEDINGS BEFORE THE HONORABLE MARCIA G, COOKE, UNITED STATES DISTRICT JUDGE DAY 9 APPEARANCES: FOR THE GOVERNMENT: foe San, UY i Ce y Whe sSonii AQY 2s Very amy Lea & RUSSELL KILLINGER, A.U.S.A. BRIAN K. FRAZIER, A.U.S.A. JOHN SHIPLEY, A.U.S.A. STEPHANIE PELL, A.U.S.A. United States Attorney's Office 99 N.E. 4th Street 33132 Miami, FL FOR THE DEPENDANT HASSOUN: KENNETH SWARTZ, ESQ. Swartz and Lenamon 100 N. Biscayne Blvd. 21st Floor Miami, FL 33132 - 305/579-9090 ken@swartzlawyer.com ; CaBSHEBMUOREPEPEHEMtitsShOTeee’GS oFS5 Page 3 1 SENTENCING PROCEEDINGS 2 THE COURT: 3 MR. 16 i” 18 7 THE couRT: 8 MR. Mr. THE COURT: MR. Dr. Ken Swartz and Jeanne Baker on beha lf of Hassoun. Appearing on behalf of Defendant Jayyousi. SWOR: William Swor and Dore Louis on beha lf of Jayyousi. THE COURT: Appearing on behalf of Defendant Jose Padilla. MR. CARUSO: Michael Caruso and Orlando do Camp o on behalf of Jose Padilla. THE COURT: On behalf of Mr. Hassoun, are you prepared this morning to proceed to sentencing? 20 THE COURT: BAKER: We are. On behalf of Mr. Jayyousi, Mr. Swor, are you prepared to proceed to sentencing this morning? 22 MR. 23 THE COURT: 25 Russ Appearing on behalf of Defendant Hass oun. SWARTZ: MS. 24 Your Honor. Kavanaugh. 19 21 Good morning, 6 13 15 KILLINGER: Killinger, Brian Frazier, Stephanie Pell, John Shipley and John 11 14 appearing on behalf of the 5 9 12 For the record, 11:15 A.M. United States. 4 10 - SWOR: Yes, L Your Honor. On behalf of Mr. Padilla, Mr. Caruso, are you prepared to proceed with sentencing? MR. CARUSO: Yes, we are, Your Honor. 1769680-c934-11dc-Sd5dd5a552286375 . 884SAROHEEPRBREchileFiledQFEaPPGS 9tFS5 Page 4 1 THE COURT: 2 Over the past few weeks I held a sentencing hearing in Everyone, you may be seated. 3 this matter and the hearing was bifurcated. 4 bifurcated hearing would enable me to comply with the Supreme 5 Court mandate in Rita, 6 begin all sentencing proceedings by computing the applicable 7 guideline range. 8 9 First, I felt that this and the District Court should first I allowed the defendants and the government to present objections to the Psi specifically to the offense 10 conduct, ii in the offense, and the computation of the advisory guideline 12 range as well. At the conclusion of phase one, 13 various objections and made additions, 14 corrections to the role in the offense parag raphs contained in is the PSI. 16 the conclusion, 17 360 enhancement, criminal history calculations, and role I ruled on the deletions and I also ruled on the defendants' other objections. At each defendant was in the same guideline range , to life. 18 The guidelines; however, are not the only 19 consideration the Court must take in making a sentence in this 20 case. 21 evidence, 22 to determine whether they support that sente nce that each 23 defendant requested. 24 25 Therefore, in the second phase the defendants presented and I heard arguments on the 18 U.S.C. Over the course of several days, presented witnesses, documents, 3553 factors the defendants photographs, transcripts of £1769680-c934-1idc-9d50-d5a55a2B6372 CEAS4 FAEREEPEoT eaHehtSs-& led QPGerbeyie”PAG 8f35 1 recorded conversations and fax transmissions, witnesses 2 traveled to this hearing from California, 3 D.C. and elsewhere. 4 read the letters of families, 5 Page 5 : Detroit, Washington I heard the statements of witnesses, and I friends and associates. The government also presented evidence in rebuttal. 6 The transcripts of these proceedings cover several hundred 7 pages. 8 In the post Booker, 9 Rita, Gall sentencing world, it is imperative that I make an individual assessment of each 10 defendant based upon the facts presented. 11 based on the factors, 12 This assessment is all is outlined in 18 U.S.C. 3553A “2 I must impose a sentence sufficient but not greater 13 than necessary to comply with the purposes set forth in 3553A2. 14 In determining this sentence, I must consider the nature and 15 circumstances of the offense, and the history and 16 characteristics of each defendant. 17 The crimes here are very serious, but I think it's 18 important at this juncture to state what this case is not 19 about. 20 soil. 21 infrastructure, 22 23 No so-called act of terrorism occurred on United States These defendants did not seek to damage United States © Snesshipping interests, power plants or government ee buildings. Therewasnevera plot to harm individuals inside ; the United States or to kill government or political . officials. oe Denn 24 There was never a plot to overthrow the United States 25° government . €1769680-c934:44dc-9d5d-d5a55a28637a ; GaseSAOGIOpBoqymentdca, FNeaSPOREaT WES BFf 25S5 Page 6 The defendants maintain that their acts were not criminal, but educational and humanitarian natureto inform the world and the Muslim community of the status of Muslims abroad on earntRt ont hee and to provide aid for Muslims in need. nnee The jury's verdict reject these arguments and contentions and found that the aetennis Stenterentera defendants' &. Aeteres acts were criminal. anAOEtS arnpe ertOTT AON eeene What the defendants sought to do was provide support to people sited in various conflicts involving Muslims around Eastern Europe, the Middle East and Northern Afric a was found 10 to be criminal. 12 to provide financial, 12 engaged in armed conflict in these areas. 13 support is a violation of the statutes that form the basis of 14 this The evidence indicated the defendants sought personnel and material to individuals This material indictment. tte 15 16 However, personally maimed, _states there is no evidence that these defendants killed or kidnapped anyone in theUnited or elsewhere. 18 Also, the government has pointed to no identifiable e e sireperitaie 19 victims. 20 has made much throughout the trial that the government 21 overcharged these defendants, Despite this, this behavior is a crime. The defense and the defendants have suggested other possible charges that carry a range consistently lower 23 than the sentences available to the gover nment in this case. 24 As I have consistently stated throughout the trial and in other 25 proceedings, charging decisions are well within the province of CaSseFdQeoRBRFpGoneeantehs-FledQRbbMbPsPaQAd PbFa5 Page 7 the Executive Branch. The government contends that each defendant in this case should receive life imprisonment. the seriousness of the offense, conspiracy, The government argues the eight year length of the the nature of the crimes, and this is essentially a conspiracy to solicit murder justified life sentences. Obviously, the defendants categorically disagree, and each defendant has asked this Court to vary and to sentence the defendants outside the advisory guideline range. 10 First, I will review the history and characteristics 11 of each of the defendants based upon the evidence presented at 12 trial and the sentencing hearings. 13 14 Mr. ' offense, Hassoun is a devout Muslim. Prior to the instant Mr. Hassoun had never been arrested or convicted of a pnceereeaeintctew eee neta crime. ASayoungster,he- lived.with aLebanese conflict,and 16 he knew firsthand what happened to a country when internal vas int ney At 17 18 aon eeenitomce politics turned violent. describe him as smart, CNRETR sens negaAOEPATT EATERS ATE ETEUU CRE Hin2 eae seat. His employer and fellow employees compassionate and a caring human being. more tenertonn enateenevnttry 19 He reached out to people in this community here and overseas, 20 often giving of himself personally and financially. 21 letters of support to the Court. 22 throughout the world pained and moved him. ora 23 24 aanet ennatanentcttimttima ttn, Many wrote The plight of Muslims — Thege strong ne feelings were his motivation to violate the statutes in this case He knew what it was like to live through armed conflict er en 25 ce and religious persecution. _—ermeenenaes €1769680-c934-11do-9d5ded5255 86378 ASATASHOSSEFPROGREitsFCPoweWHE BlFS5 Page 8 1 The defendant moved to this country, worked, 2 and had a family. 3 employer and fellow employees spoke highly of him. 4 valuable employee. 5 different religions and ethnicity, 6 7 9 He worked for Marcom Technologies. en Hassoun and other employees wa based upon religious beliefs. ne EEE The government intercepted most of Mr. telephones, work, home, cell and fax. 11 questioned and never charged with a crime. 13 many years. He was The € governmentknew knew what he was doing and the governmentdid_nothing. ns "S Hassoun was, Hassoun's The interceptions and investigation continued for many, _ where Mr. He was a and there was never any 10 12 His He worked with many employees of many evidence of conflict between Mr. __. 8 married _ Thisfact_does not support the government's argument : thatMx.Hassounposes such aSenger tothe community that he 1 needs tobeimprisonedfor therestofhis life. Im fact, when 17 a was initially arrested and placed in custody for almost tuo 18 years, 19 this case. 20 facility at that time. 21 it was on Immigration charges and not the charges in He was not in an isolated or special housing Despite monitoring Mr. Hassoun for many years, the 22 government is able to point to only one check to Global Relief 23 Foundation as evidence of his support that he continued after 24 October 26, 25 of the revised statute, 2001, _ thus moving this case into a higher penalty : €4769680-c934-1 idc-Qd5d-d5a55. ABEGBLAGOSOEPROMtitle5"LFOROSPAGE OlofS5 Page 9 : As to Mr. Jayyousi, he has lived in the United States for almost 30 years. and became a U.S. He has served in the United States Navy citizen. He is an educated man, He married and started a family. finished college and has a PhD. He exhibited excellent competence level in all of his employment. He has held a variety of employment situations; System of California, the University the Detroit public schools and the Washington D.C. public schools. He has worked in the United States and abroad on very 10 sophisticated engineering projects. Li involve issues relating to and involving our allies, military 12 and possible access to sensitive and confidential information. 13 Some of these projects The people who work with him all spoke highly of his 14 effectiveness and his work ethic. 15 was willing to discuss religion with others without conflict. 16 He celebrated the peace efforts in the Middle East. 17 provided assistance to people in his mosque and in the Muslim 18 community. 19 want in a community, 20 He is a devout Muslim. He He He also is the kind of neighbor that people would and many wrote letters of support. Raised in a refugee camp, he saw firsthand how the 2i sufferers of armed conflict affected communities. 22 heard of the armed conflict in the Middle Bast, 23 Eastern Europe, he provided financial and other resources to 24 assist those abroad. 25 continued his involvement in the instant offense after 1998, When he Africa and There is no evidence that Mr. Jayyousi “us 01769680-0934-41de-Sd5ddsa5ha2R6I7e. a CEASESAREEEPOOBMEGMehtssPAQROEMBRSPRAGE9ObF35 Page 10 the Islam Report, his publication, of Mr. He totally withdrew from the instant Jayyousi. and there are no intercepts conspiracy in this case. In fact, the jury specifically found his involvement in these offenses ceased prior to October 26, statement at sentencing, 2001. By his own he moved beyond his actions post 1998. His efforts and energies were directed elsewhere. Like Mr. Hassoun, Mr. Jayyousi was intercepted over several years. Yet despite government's claim that he is a 10 dangerous il government made no effort to intervene. individual and deserves to be sentenced to life, He continued to work in school systems throughout this country. 13 evidence that Mr. 14 Padilla prior to these proceedings. 15 intercepted phone calls between Mr. 16 Jayyousi knew, There is no met or even heard of Defendant As I recall, Law enforcement officials interviewed Mr. several occasions. 18 before he left the country where he would be, 20 21 there are no Jayyousi and Mr. 17 19 the Padilla. Jayyousi on He informed law enforcement officials ‘informed of his whereabouts. and he also He even registered with the government when he moved abroad. Throughout most of the pretrial and trial, as I stated 22 previously, Mr. Jayyousi was on bond. 23 employment despite the restrictions of bond; 24 seriousness of his charges and the contacts abroad, 25 Mr. Jayyousi complied with all the conditions of release, and He found suitable and despite the ©1769680-c934-1 1d¢-Sd5d-dbabhia2B637a. Coe ets CHESSFLUEPOHUbaMehts-F"PIEMOAs PRAGd4PbPas Page 11 was timely for all court and pretrial proceedings. Mr. Padilla; Mr.. Padilla is the only defendant in this matter with a prior criminal record. and adult record. He has both a juvenile His last conviction occurred just prior to the beginning of this conspiracy. He moved to Florida from the Chicago area. He converted to Islam and began to attend the same mosque ag Mr. Hassoun. He was also seen at the mosque on Friday prayers and other services. He was often at the mosque where he 10 learned about the conflicts involving Muslim communities in 11 Eastern Europe, 12 various mosque functions, 13 he learned the Qur'an. Middle East and Africa. At the time Mr. 14 He helped out at and he struggled to learn Arabic as Padilla joined the conspiracy, his last criminal conviction was in August 1992, 16 before the beginning of this conspiracy. 17 In 1998, Mr. Padilla left the United States, 18 is evidence that he spent time in Europe. 19 evidence, 20 a military training camp. 21 preponderance of the evidence, 22 Mr. Padilla graduated from that program. 23 barely 14 months and there There is also based upon the government exhibit, that he trained at However, based upon the I do not find GXX1 proof that : , There are too many inconsistencies; the spelling in 24 the initial translation; 25 initial gathering; and the similarity and spelling of another the timeframe between the form's USL LEME NGOS! CEES _ Te ee EE ne Be ee 2 -€1769680-6934-11de-9d5d-d5a55a286372. RSS SERGE!EpR° Hotets.E NegOFebeyie” a435 Page 12 supposed graduate of the program. However, in finding Mr. Padilla guilty, the jury accepted the government's interpretation of the conversations between Mr. Mr. Padilla and Mr. Hassoun. Also, Mr. Hassoun used Padilla's Arabic nickname in conversations discussing the conspiracy in coded language. When Mr. Padilla returned to the detained at the Chicago Airport. United States, He was subsequently arrested on a material witness warrant out of New York. 10 transferred, 11 He was then and kept in a military brig in South Carolina. The facts of his confinement has been the subject of 12 various pleadings and testimony before this Court. 13 was held in solitary confinement in harsh conditions, 14 Mattress, 15 with other relatives or visits. 16 him, 1? including extreme noise and temperature variation. a Qur'an, and he was 18 books, subject entertainment or Padilla without a interaction Even an attorney was denied stresses, The government argues that I cannot take prior conditions of confinement, 20 conditions, into or the potential for harsh consideration erOTNArarsSaabtheseat a oo 22 clock, Mr. to extreme and environmental 19 p 21 he was ey, CG disagree. in Eashioning a sentence, ne The caSes where pretrial conditions were not allowed 23 were situations where the District Court found that the 24 conditions did not rise to the level to be considered, 25 the Court found the defendant had presented insufficient et 789680-c& or where CGBS4FELUOREPROOTREAHitsFlePAREPAGS9LP35 Page 13 i evidence to support a finding concerning the harsh pretrial 2 condition. 3 503 See Presley 345 F.3d 1205 and Ramirez-Gutierrez at F.3d 643, 4 I do find that the conditions were so harsh for 5 Mr. Padilla and against the standard of the usual conditions of 6 pretrial that they warrant consideration in the Court 7 fashioning a sentence in this case. 8 9 ft want to take a moment. My initial order of the issue of Padilla's pretrial detention related to the relevancy 10 of the detention to the charges in this indictment. 11 that the conditions were irrelevant in the criminal conduct 12 alleged in the indictment. 13 do want to state at the time of Mr. 14 detention, 15 the intercepted phone calls, were all available to the United 16 States. 17 I stand by that ruling; I found however, I Padilla's initial the evidence produced at this trial, specifically The sentences that I announce today do reflect the 18 seriousness of the offense and each defendants’ culpability in 19 criminal conduct. 20 the offenses and each defendants' 21 this case will serve to inform others that support of 7 22 activities abroad, no matter how well-intentioned, conspiracy 23 to support murder, maiming and kidnapping will not be tolerated 24 in this country. 25 I have already discussed the seriousness of culpability. The sentence in The defendants in this case were involved in a : Feat aE oo, 84 7E9680-0934-1 ide-Gd5d-dha55a2 86372 1 O D wn » Ei SSSRPROOHoeEtieSeoPoObrisyPye1412 ofoF2535 OM C Page 14 situation that was very specific in time. The activities were limited to issues abroad and not in the Unite d States. however, This; does not excuse the activities and still warra nt a sentence of incarceration. It should also be noted that an incarcerative sentence also recognizes that these defendants will unlik ely engage in new criminal conduct, given their age, criminal system; that is, as they leave the as they approach their senior years. Defendants Hassoun and Jayyousi are educated 10 Li professional men. Each possess unique skills. a skilled computer programmer. ee ee eerienteee TR AeAateae tonemeaeestimating hehe 12 considerable skills. 13 facilities both here and abroad, 14 Mr. Hassoun is LALORttnbeetanrennarnncemeneslthee Mr. Jayyousi is an engineer of He has worked on projects that oversee and he has a Ph.D. It is doubtful that the Bureau of Prisons is capable 15 of providing much in terms of vocational and educationa l 16 training for these two defendants. 17 Mr. 18 educational training. 19 participation in the conspiracy, he was working in a fast food 20 restaurant. 21 Padilla should be allowed access to vocational and Prior to leaving the country and his Although the bottom of the advisory guideline range is 22 a range of 360 to life, 23 Given the nature of these offenses, 24 25 there is no mandatory minimum here. incarceration is necessary. I also think it is necessary here to sentence these defendants to prevent unnecessary sentencing disparity. The :19-cyment 1-1. Filed 03/15/19 Page 15 of 25 BRSELEC EPEHocument 3-5 lod OBIOG/L8’ Wage 1S of 25 Page 15 defense pointed to a number of different cases around the country with similar charges where the defendants received substantially less time than 360 months, which is the bottom of the guideline range here. The government counters that the counts of those convictions did not involve the conspiracy to kill, maim or injure, kidnap, what the government calls the solicitation counts. David Hicks actually was involved in a conflict 10 involving American troops abroad. 11 this case, 12 noted that he was charged with the new statute of terrorists 13 receiving terrorist's training. 14 those ten years. 15 Yahya Goba, who testified in received a sentence of ten years. Amed Omar Ali, It should be He plead guilty and received out of the Eastern District of 16 Virginia, was charged in a nine count indictment. 17 indictment charged, 18 assassinate a President, 19 conspiracy to destroy aircraft along with 239(b) 20 The District Court in that case rejected a life sentence and 21 sentenced Mr. Ali to a sentence of 369 months. 22 In Mandhai, among other crimes, The conspiracy to conspiracy to commit aircraft piracy, and 239(a). the Court of Appeals found a sentencing 23 range of 188 to 235 months was excessive. 24 again, 25 charge, Mandhai was charged with an attempt to conspire to bomb Although, once that is a different charge and less serious than the Ali Oe. 4 Ei 16 f 25 BREACCESSEPRHoteit3PCa soePage S3885 2 Page 16 electrical transformers in Florida in retaliation of the U.S. Government's support of Israel... He planned to contact government officials after the attack, and demanded a cease of Support of countries that oppose Muslims. After two appeals, Mandhai ultimately received a sentence of 168 month s. In Awan, two weeks, which we discussed extensively over the past the District Court declined to apply the terro rism enhancement, and sentenced the defendant to 168 months. Once again, Awan was not charged with the solicitation of murder 10 count, rather 239({a). iil 12 The so-called 20th Highjacker Zacarias Moussaoui received life without parole. 13 Terry Nichols, an accomplice of Timothy McVeigh, 14 responsible for the death of over 150 people, 15 children, 16 because this is an example, 17 behavior warrants a life sentence, 18 as a sentence in this case. 19 received a life sentence. For all the reasons including I point to these two in the past, of what kind of I and why I am rejecting life enunciated above, I will vary from the guideline and sentence the defendants below the 21 advisory guideline range as follows: 22 As to Defendant Hassoun, a3 level 33, 24 However, 25 time in Immigration custody, I sentence the defendant at a criminal history category four, to 203 months. since the defendant will not receive credit for his I am varying the sentence downward OrMESCAAVAUticasalemduiacReaSITaeISskiesCoeandes Page 17 by 15 months to a term of 188 months. As to Defendant Jayyousi, recognizing his minimal time in this conspiracy and his efforts consistent with withdrawal, I sentence the defendant at a level 31, category four, of 152 months. As to Defendant Padilla, defendants, criminal history unlike the other two he has a significant criminal record. I stated before, However, I recognize the significant time that he has spent in harsh conditions. I, therefore, sentence him at a 10 level 11 months to reflect his prior detention in this matter, 12 months. 33, 13 as and 250 months, but vary the sentence downward by 42 As to Defendant Hassoun, 208 it is the judgment of the 14 Court that he be committed to the Bureau of Prisons for a term 15 of 16 60 months 17 be served concurrently. 18 188 months. as The term consists of 188 months as to Count 2, and 180 months as Upon release of imprisonment, to Count to Count 3. to the defendant shall be placed on supervised release for a term of 20 years. 20 consists of 20 years as to Counts 1 and 3, 21 to Count 2, 22 All 1, The term and three years as also all to run concurrently. Within 72 hours of release from the custody of the 23 Bureau of Prisons, 24 Office where he is released. 25 defendant shall not commit any crimes, the defendant shall report to the Probation While on supervised release, the shall be prohibited from EBSTESGEISPPROHonansfPosOelsSays t8 £25 of os Page 18 possessing a firearm or other dangerous device, possess a controlled substance, and shall not and shall comply with the standard conditions of supervised release. He shall surrender to Immigration for removal after imprisonment, comply with the financial disclosure requirements, the permissible search requirements. All are outlined in Part G of the pre-sentence report, and the defendant shall pay the $300 special assessment. That is $100 as to each of the three counts. As to Defendant Jayyousi, 10 it is the judgment of the Lil Court that the Defendant Jayyousi is sentenced to the Bureau of 12 Prisons for a term of 152 months. 13 months as to Count 1. 14 to Count 3. 15 The term consists of 152 60 months as to Count 2. 120 months as All to be served concurrently. Upon release of imprisonment, the defendant shall be 16 placed on supervised release for a term of 20 years. 17 consists of 20 years as to Count 1. 18 and 3, This term Three years as to Count 2 All such terms to run concurrently. Within 72 hours of release from the custody of the 19 20 Bureau of Prisons, 21 Probation Office where he is released. 22 release, 23 prohibited from possessing a firearm or other dangerous device, a4 and shall not possess a controlled substance, and shall comply 25 with the standard conditions of supervised release including the defendant shall report in person to the While on supervised the defendant shall not commit any crimes, will be CHBS4FESAABEPOOCEMetisFerobEresMGS9Gof8s Page 19 the following special conditions: The financial disclosure requirements; the employment requirements; and the permissible search requirements. All of these are more specifically outlined in Part G of the pre-sentence report, and he shall also pay the special assessment of $300. As to Defendant Padilla, 33, the total offense level is and the criminal history category is six. It is the judgment of the Court the defendant is 10 sentenced to a term of 208 months as to Count 1. 11 to Count 2. 12 concurrently. 13 180 months as to Count 3. Upon release of imprisonment, 60 months as All to be served the defendant shall be 14 placed on supervised release for a term of 20 years. 15 consists of 20 years as to Counts 1 and 3, 16 to Count 2. 17 That term and three years as All to run concurrently. Within 72 hours of release from the Bureau of Prisons, 18 the defendant shall report to the Probation Office where he is 19 released. 20 any firearms or other dangerous devices, 2i controlled substance, 22 conditions of supervised release including the following 23 special conditions: 24 While on supervised release, he shall not possess shall not possess a and shall comply with the standard Mental health treatment; the financial disclosure requirements; the employment requirements and the permissible ° 6: -cv-06196 Document 1-1 Filed 03/15/19 Page 20 of 25 GEE IEERRO Hoteent 3-5 er OROe18 age 20 of 25 Page 20 search requirements. All are outlined more specifically in Part G of the pre-sentence report, and he shall pay the special assessment as to each of the counts in the amount of $300. As to Defendant Hassoun, does the defendant or his counsel object to the Court's findings of fact or the manner in which the sentence was pronounced? MR. SWARTZ: Your Honor, we would like to preserve all of our issues that we raised during the sentencing pursuant to ‘Jones. To the extent that we need to preserve everything again that we raised during the sentencing; yes, Your Honor, I want to object. 12 THE COURT: Mr. Hassoun, you have a right to appeal 13 the sentence imposed. 14 within ten days after the entry of the judgment. 15 unable to pay the cost of appeal, 16 forma pauperis. Any notice of appeal must be filed DEFENDANT HASSOUN: 18 THE COURT: 19 20 21 22 23 you may apply for leave in Do you understand that, 17 if you are sir? Yes. As to the Defendant Jayyousi, does the defendant or his counsel object to the Court's findings of fact or the manner in which sentence was pronounced? MR. SWOR: Your Honor, as counsel for Mr. Hassoun did, we will preserve all of our previous objections. THE COURT: Mr. Jayyousi, I will also remind you that 24 you have a right to appeal this sentence. 25 must be filed within ten days after the entry of the judgme nt. Any notice of appeal 19-cv1 Filed 03/15/19 Page 21 of 25 EESr TESCOPPE Hocnents-£Poors Pays bP oF 35 Page 21 If you are unable to pay the cost of an appeal, for leave to appeal in forma pauperis. DEFENDANT JAYYOUSI: THE COURT: Yes, you may apply Do you understand that? Your Honor. As to the Defendant Padilla, does the defendant or his counsel object to the Court's findings of fact or the manner in which the sentence was pronounced? MR. CARUSO: Likewise, Your Honor, we would preserve all of our previously made objections both factually and legally. 10 THE COURT: Mr. Padilla, you have a right to appeal 11 the sentence imposed. 12 within ten days after the entry of judgment. 13 to pay the cost of appeal, forma pauperis. 17 Any notice of appeal must be filed If you are unable you may apply for leave to appeal in Do you understand that? DEFENDANT PADILLA: Yes, THE COURT: for the United States, Counsel I do, Your Honor. do you object to the sentence outside of the guideline range. 18 MR. SHIPLEY: Yes, Your Honor, so we are clear on the 19 record, 20 from the PSI, 21 the objections previously made on the record, we object to the 22 Court's changes in paragraph 12, 23 conduct and the corresponding paragraphs in Jayyousi's PSI. 24 25 because, obviously, the Court's ruling has deviated so we are clear in our objections, in addition to 17 and 53 of the offense We object to the Court's failure to give Jayyousi a three level, or at least a two level increase for role. -e176968 We :19-cv1-1_ Filed 03/15/19 Page 22 of 25 EESTEER PEDocument Bocamicnt 3-6 lad OSOG/18 Page 25 of 35 Page 22 object to the Court's failure to give Hassoun a two or three level increase for role. We object to the Court's departure downward under 481.3 to a level 4 and also for failur e to consider a level 5, Finally, we object that the sentences imposed are unreasonable in light of the 3553 factors and improperly calculated under the advisory guideline range, including, but not limited to, specifically the Court's finding regarding the history and characteristics of these defendants, including 10 the Court's finding that the jury found that Jayyousi's 11 criminal conduct ceased in 1997; 12 Padilla's detention as-an enemy combatant and alleged 13 conditions of his detention, as well as the Court's 14 consideration of Hassoun's Immigration status and the time he 15 served there. 16 previously on the record, 17 18 the Court's consideration of For all of those reasons, THE COURT: and reasons stated those are our objections. Thank you, Mr. Shipley. Anything further on behalf of the United States? 19 MR. 20 THE COURT: 21 MR. KILLINGER: SWARTZ: Nothing, Your. Honor. Anything further on behalf of Mr. Hassoun? Yes, Your Honor, we would ask the Court 22 for a recommendation designation to FCI in Miami. 23 also ask the Court to enter an order, and we can supply the 24 written order, 25 pending charges, that Mr. We would Hassoun be kept at the FDC while the the severed counts, are pending. Until the 6: 196 Document 1-1. Filed 03 Pa aes of 25 Kass: 12Peo FPG Document 3-5 ed0 berberie SbF 35 Page 23 government decides what we are going to do with that, and we decide what is going to happen with those counts, Your Honor, we would ask that he be kept at FDC here, by his counsel, where he can be seen has got his materials from the case, consult with us and see the materials. he can It will avoid the disruption of the representation of Mr. Hassoun. THE COURT: Let me ask Mr. Killinger. Mr. Killinger, do you plan to proceed with the severed counts prior to the appeal in this matter? 10 MR. KILLINGER: I guess that depends on discussions ll that we have with the defense. 12 be perfectly candid with you. 13 severed counts. 14 THE COURT: We haven't had any, Judge, to We do plan to proceed with the I will make the recommendation, 15 Mr. 16 its own, 17 be well within their rights if they determine that after you 18 speak with the government that it may be some time before they 19 proceed with the severed counts, 20 happens with the appeal in this matter. Swartz. 21 As you know, the Bureau of Prisons has a mind of particularly with regards to these matters. MR. SWARTZ: They may and they will wait to see what I've been talking with the marshals about and I don't want to put them on the spot, but I 22 this, 23 understand in cases similar to this where there are pending or 24 severed counts that the BOP may keep somebody here at the FDC 25 while they are pending. They may need an order from the Court TIaD U > gi CO oc ocument 1-1 Filed 03/15/1 Document 3-5 Filed 06/06/18 P Page 24 or something in writing to alert them that this will be treated differently than to just ship him out, because technically they are still pre-trial. MR. KILLINGER: Judge, I am sure that FDC is quite aware of what he is charged with. THE COURT: I want you to know, I am certain they will work this out. and I am certain that you have discussed this with your client, this is probably one of the many administrative decisions that the BOP will make, 10 that I have little or no control over. 11 MR. 12 will do what they do. 13 Miami? 14 But SWARTZ: THE COURT: We all know that, Your Honor, that they As far as the recommendation to FCI I will make a recommendation if he didn't 15 remain at FDC Miami that there be a recommendation that he be 16 housed at FCI Miami. 17 MR. 18 THE COURT: 19 MR. 20 THE COURT: 21 MR. 22 SWARTZ: I will make that recommendation. SWARTZ: SWOR: Thank you. Mr. Swor? We ask that the Court recommend to the BOP that Doctor Jayyousi be housed at Milan, Michigan. 23 THE COURT: 24 Mr. 25 Even as a permanent designation. I will make that recommendation. Jayyousi, I am sure that your counsel has explained to you that it's a recommendation. Once again, I case1e-CuhoRBEPee“Bocument3-5enedbearsBagd38oF25 Page 25 won't know what administrative procedures the BOP will take. DEFENDANT JAYYOUSI: THE COURT: Yes, Your Honor. Thank you. Is there any recommendation for the Defendant Padilla? MR. CARUSO: recommend to the BOP, South Florida, We would like you to Your Honor. Yes, given that Jose's family all reside in a facility that is as close to South Florida as possible. THE COURT: 10 Mr. 11 other defendants, 12 no control over, Padilla. 13 Once again, I will inform you, as I have to the that that is a decision that I have little or but I will make that recommendation. Thank you very much everyone. 14 [Sentencing proceedings conclude at 12:15 p.m.] 15 CERTIFICATE 16 17 I will make that recommendation, I hereby certify that the foregoing is an accurate transcription of proceedings in the above-entitled matter. 18 19 20 21 22 DATE ROBIN MARIE DISPENZIERI, RPR Official Federal Court Reporter United States District Court 301 North Miami Ave., 6th Floor Miami, FL 33128 - (305)523-5158 23 24 25 “11de-GdSd-d5a56. Case Document 1-2 Filed 03/15/19 Page 1 of 30 EXHIBIT Case 0:04-cr-80866 G/T9-cvibGdI6eDdcuifent HAackiledrOBITH GoRPagd 2aEBOG? au Page I of DEFENDANT HASSOUN’S SENTENCING MEMORANDUM SETTING FORTH MOTION FOR DOWNWARD DEPARTURE AND REQUEST FOR BELOW-GUIDELINES SENTENCE COMPOSITE EXHIBIT A Case 0:04-cr-90866 G/T9-cvibGdg6eDdcutfent HAackiledrOBITHM GoPagd BAEBOG? au Page 2 of November 22, 2007 To : Honorable Judge Cooke From : Nahed Wannous Subject: Adham Hassoun Dear Honorable Judge Cooke, This letter is about my husband, Adham Hassoun.I appreciate your taking the time to read it. What you will be reading is based on my strong knowledge of Adham Hassoun as my husband, andas the father of my children. Living with him for years also gave me a great idea abouthis relation with his parents especially with his sister whowasalso my neighbor,his friendship with people, his commitmentto his job, and his interaction with the community in general. I’ve known Adham Hassoun for a long time before our marriage, long enough to confirm that he is a good person. He never had any problems with the law, and he nevertried to hurt anyone. On the contrary, he was very loving, caring, responsible, reliable, and protective to his parents and family. He wasa sincere, generous, and very helpful friend. He was a very reliable, hardworking, and dedicated employee. He loved to bring happinessto people, especially to children; I’ve seen him going out ofhis way to bring gifts to distribute to the children of the community during holidays. He was very merciful and generous with orphans, widowed poor women who had no supporters, needy people, and people suffering from natural or war disasters. Withhis smartness, strong personality, sense ofhumor, generosity, wisdom, and great readiness for help at any time, Adham Hassoun built a very strong relation with everybody around him: parents, wife, children, neighbors, friends, co-workers, and the whole community in general. Asthe father of my children, Adham Hassounis one ofthe best fathers I’ve ever met. Heloves all children in general, and specifically his own. Heplays with them like he’s one ofthem. He goes downto their level and puts himself in their places before he talks to them. It was extremely important for him to watch the children as long as they were awake to make sure they didn’t get hurt, and to make sure they were happy and satisfied. The latter gave him a special pleasure. At the sametime,he is very firm with them whenthey do anything wrong. That’s why his children love him, respect him, and obey him at the sametime. Adham Hassounis indeed a role model for his children. Whenthe teacherofhis thirteen-year-old son asked him to write about things he would like to changein his father to makethelatter closer to him, he answered:“I like my father the way heis.” He usedto do lot of activities with his kids: playing indoorand outdoor, goingto the 1 Case 0:04-cr-90866 G/T9-cvibGdg6eDdcuifent HAackiledrOBITS GoRPagd VaEBOO? au Page 3 of park, playing computer and Nintendo games, watching TV, feeding each other, working in the backyard, cleaning up,etc... He sometimes took them to work with him, they were his helpers when he usedto fix something broken inside the house- for he was a handyman,too - not to mention the disciplinary role he fulfilled at all times as their father. Your Honor, the impact of Adham Hassoun’s absence onhis children is very severe, especially nowadays where you haveto prove yourselfin the society and have a very strong personality to get your rights from others, otherwise they will be lost and you will be stepped on. My children are still struggling to fit in, and every time somebody hurts them thefirst thing they say: If Dad were here, this wouldn’t have happened. They feel they lost the support they need with the absenceoftheir father, and there is nobody to defend them and stand side-by-side with them. Don’t wonder, your Honor, about me. I’m usually very shy and introvert. So all I tell them is to forgive whoever hurts them and Godwill reward them. My answer, of course, never satisfies them. Myseven-year-old son doesn’t know his father except from the pictures and from the things his older brothers andI tell him. He asked meonce: “Whydo all my friends have fathers but not me?”I broke withtears. “Of course you havea father, don’t you talk to him on the phone? They took him by mistake, and when theyrealize they’re wrongthey will release him, hopefully soon.”I said. His teachers don’t know anything abouthis father’s situation,still one ofthem told me once: “The wayhe deals withhis friends showsthat there is a great anger inside him and he wantsto releaseit.”....The same words were said by another teacher about my middle, thirteen-year-oldson.... Coming to myfifteen-year-old son, his father’s absence at this age makes him think that he is the man now,notin the positive way that makes him responsible, but rather in the sense that he wants to control his brothers and do everything around the house his own way without any consideration for his brother’s feelings or opinions. This surely brings lots of problems to my family on a daily basis, not to mention the struggle I go through when he wants to go out with his friends or when he wantsto do anything without accepting any question from me, his Mom,for he’s an independent young adult now! When I show him that such behavior is unacceptable to me he blamesit on me, for I don’t know how to deal with him — in his sight — and if his Dad were here he would have treated him fairly and he would have had a happierlife. Furthermore, your Honor, the absence ofAdham Hassounis shaping the manhood of all his children very wrongly. It happened many timesthat they say: “When we grow up wewill take money from our uncle to do so and so”... That’s how they are being raised now. Thepicture of the hardworking father whois strugglingto get the money needed to support his family is missing, and they think they will keep 2 Case 0:04-cr-90866 G/T9-cvibGdg6eDdcuifent HAciledrOBITS SoPagd 28BOG?7 au Page 4 of depending ontheir uncle forthe rest oftheirlife. I try hard to explain that they need to work to support themselvesandtheir families in the future. But the practical example to follow is gone with the imprisonmentoftheir father... Your Honor, onceI start talking about the problems I’m having with my children due to their father’s absence, it is hard to stop. Please excuse me. Ill try to move on. As my husband, Adham Hassoun took good care ofme. He used to take permission from his supervisor at work to take me to the doctor and never asked me to go by myself — when he knew I’m uncomfortable with the idea — or to cancel my appointment. He defended and protected me: When he heard people making fun ofme because of the way I dress, he asked them to be nice and respectful. He was very helpful sometimes: He used to help me around the house wheneverhe felt I was overwhelmed by the many responsibilities I had or when I wastired. He sometimes vacuumed, or picked up the children’s toys distributed everywhere downstairs, or cleanedupthe kitchen after we finished eating. He even prepared a delicious tunasalad sometimes. He was very generous: If I asked him to buy meone outfit he would buy three. And after I started driving he used to tell me: “You havethecredit card; go buy what you need without asking me.” Your Honor, my husband Adham Hassounis a very responsible family leader. He provided his children and myself with everything we needed around the house to make us carry a happy and easy life. He worked long hours and sacrificed his comfort to support us financially. During our downs, and every couplehastheir ups-and-downs, he showed great wisdom containing myinstant, angry impulses. My husband, Adham Hassoun, really values familial life. He appreciated what I did for him and for the children, and he used to make a nice and short supplication asking God to reward me and give methe strength. Those few words used to give me the emotional push-up I neededthat day. In all, your honor, Adham Hassounis a good,loving,caring,reliable, helpful, protective, and generous husband. Here, allow me, your Honor,to take more time from you to open myheart for you and talk about the impact ofmy husband’s imprisonment on mylife. Mere thinking of writing aboutit brings tears to my eyes. I had no family around mein the U.S., no mother, no father, nosister, and no brother. My husband Adham Hassoun wasall my family. I sometimes asked him to be the judge between himself and me when hedid something upsetting to me, so he used to bea fair judge whenI turned to him nicely, and he used to apologize. Here in Lebanon I don’t have any family around meeither. With the absence of my husband, I have nobody to turn to. I feel so lonely, and emotionally impaired. I need to feel that somebody is there for me whenever I need him, to support me when I’m facing problems, to encourage me when I get weak,to appreciate my hard work with the children andtell me those thankful words that make meforget my fatigue. I can’t find that somebodywiththis forceful separation from my 3 Case 0:04-cr-90866 G/T9-cvibGdg6eDdcutfent HAackiledrOBITS GoRPagd 62EBOG? au Page 5 of husband. Your Honor,raising three boys alone is very hard. Two of them are teen-agers (15 and 13 years old). Do you know what that means to me? Struggle, nervousness, exhaustion, stress, depression, and wishing death for myselfevery single day rather than having to raise them by myself without the father figure that they badly need to interact with on a daily basis. Your Honor, when someone does something wrong and he gets severely punishedforit, I say: despite all the heart-breaking suffering he's experiencing,he deservesit becausebig mistakes bring big punishments.It breaks my heart when Ithink about my husband knowing that he doesn't deserve the suffering he's living and which is leading to my own and my kids suffering, too. Taken away from his wife and children, taken away from the comfort ofhis home, taken away from his career, deprived from his social life, which is extremely valuable for him, and kept in prison for long years without the tiniest substantial evidence for the charge he was accused of?!! Your Honor,long before thetrial started, my husbandunderstood that he could plead guilty and be assured a fairly short term of years in jail. But my husband, knowing that he didn't hurt anyone - and hedidn't eventry to - not in the U.S. nor in any other country, refused because he believed in the Americanjustice. Your Honor, the normal and happy life of five people (Adham Hassoun, myself, and our three children) depends directly on your decision at this stage. The reunion ofour family depends on you. We badly needyour help. I hope youhelp us. Pleasehelp. Truly, Nahed Wannous x a regen é ed Case 0:04-cr- 90866 G/T9-cvibGdg6eDdcuifent HAacbiledrOBITSN SoRPagd 7/28BOO? au Page 6 of November1, 2007 Dear Judge Cooke: I’m writing this letter to describe my relationship over the years with Adham Hassoun. I have known him since he came to work for MarCom Technologies in the 90’s as a computer programmer. Whenhefirst came to MarCom we were a small companywith the intent at being the best Marketing firm in the industry. When hiring we were looking for people who would share in our growth and mission statement, and Adham broughtthat desire to the table. We workedvery closely thefirst few years, Adham as a programmer and myposition as the Center Manager. I came to rely on Adham duringhis hours at work and numeroustimes would haveto call him off hours at home. No matter the time of day Adham neverrefused to help. He knew that if we could notresolve the issue that hundreds ofpeople would be sent homefor the day, causing them to lose pay. Over the years I do not recall one single time that when called he wasnot there to help me. As we grew into multiple centers we hired more programmersand I did not work daily with Adham but still kept him as a contact for off hours issues, which even if he was not assigned as the programmeroncall for that day, hestill helped. I did not socialize with Adham’s family, but watched the birth and growth ofhis children that he boughtto the office over the years. He openly showedhis love and support for his family and friends. I had on many occasions watched him help co-workers with car problems,loss of loved ones, financial issues, just being Adham, a man I always stated would give youthe last $5.00 he had. The Adham I’ve had the pleasure of knowing was a hard working man dedicated to God, Family, and work. He has been found guilty by a jury of his peers, but not proven guilty in my eyes. Heisstill my friend. Si erely, [cK Kath — Deborah Lynn Gilliam se 0:04-cr-00866 O/TSccvibGdgbe DPdaifaent Hae ilecdOBES So Page. 8DEEOCT Pace 7 of au 900 + Fax (954)741-1329 A 33351 * Ter (954)747-6566 + Tel (800}725-0 7771 W. OAKLAND Park BivD., #100, SUNRISE, FlorID ign. Putting the Right Pieces Together for a Successful Campa Ed Gonzalez d 97771 W Oakland Park Blv Sulte 100 Sunrise, FL 33351 ‘Yo Whom It May Concern: April 1996 asa computer Adham Hassoun came to work for my company in Adham’s role in helping up-company. programmer. We wereat that time a small start in any department needed.I ated to help grow the company was major. He never hesit company grew, Adham worked closely with him forthe first two years, and as thefocus on the administrative side assumed the role he was groomedfor. He enabled meto day would be taken care of. Adham of our growth, with the peace of mindthat the day to was trusted with the highest level of security in the company. Adham We attended _ Talso-had many opportunities to spend personal time with , oo. lunches, dinners, and social functions. employee thy twor trus very a d, frien I personally feel that Adham is a very loyal and a very straight forward person. Forfurther i formation, please feel free to contact me. oo, DIPARIES = @S,ANI ASATER SOLUTIONS HAGg, STARS. : ROWING TELESERVICES , y , Ed Gonzalez (954) 747-6566 ing American Telemarket Association,Inc, ACTIVE MEMBER Case 0:04-cr-608ed 6ttxcovGeieeeMacitaent Eitereilee . 29 : Hesham Moustafa’ Rage9BPBOGTan Sage 8 of MarCom c Sere escenen PERS 7771 W. Oaktano Park BLVD., SUNRISE, FLORIDA 33351 moo (954)747-6567 - (800)7. 25-09 Fax (954)741-1329 °° E-MAIL: hmoustaf@marcom -csg.com October16, 7.002 HESHAM MOUSTAFA 874 CRYSTAL LAKE DR POMPANO BEACHFL 33064 To Whom It May Concern: I have worked with Adham Hassoon at MarCom Technologies, and had known Adham for a long time, and heis proven to be hard working man and trustworthy, and a coworker that you can count on and will go out of his way to help his coworkers, Adham Hassoon was computer programmer, and he was doing a good job reliab'e, and responsible. Forfurther information please feel free to contact me. He, Hesham Moustafa Coworker lib)y WY) gta, Rose Gonzalez ys Ras My Commission CC898538 “ng 21 Expires December 28, 2003 000651 Case O:04-cr- mpeionecy- teeebotaiment EatsFisch O37SADcRiage:10201/3007 . j 2u Page 9 of Alton W Corbe 8105 NW 61* Street # A204 Tamarac, FL 33321 (954) 720-0160 To Whom It May Concern: I am writing this letter on behalf of Adham Hassoun. I have been an acquaintance and coworker to Adham forthe past three plus years. I have known Adham as a very considerate and compassionate person. Please heed the following: e e Adham has always been content with his role as a Marcom employe and always participates as a “Team Player” Adham has NEVERsaid or done anything in a threatening or menacing way; especially in regards to his feelings for Americans or Americanpolitics. He has never said anything bad or derogatory about America. When aa friend or co-worker had a problem, Adham wasalwaysthere to support them. I, for one, am proud to say that Adham is my friend and co-worker. I believe that he is a worthycitizen and someday hope to see him become a proud American. Sincerely, We D Wan Alton W. Abt ee 000645 Cll C:ase G:04-cr-10986 6ftacvidieioeeacuraent Ea2erevedr “7 * David Ammons fandage 1G of 29 October 18, 2002 David J. Ammons $925 North Sable Cir Margate Florida, 33063 7771 W. OAKktanb Park Bivo., #100 SUNRISE, FLoRIDA 33351 (954}747-6566 »* (800)725-0900 Fax (954)741-1329 E-MAIL: dammons@marcom-csg.com To Whom It May Concern I have work with Adham Hassoon at MarCom Technologies for aboutsix (6) years and he has been easy to work with. He has helped me with my work from time to time. Heis always willing to do more than what his job required. His fellow workers seem to like him and get along very well. He missed here at MarCom. Coworker cathe LanbeOy sea You may contact me for more information at any time. on *ee, Rose. Gonzalez x My Commission CC898538 “7 alyt] 4p Oe Expires December 28, 2003 000644 Case (:04-cr-0AS6 6(D-CVIFSLI6 ePaciaent Tite RiledrOBEDo Page 12. 0f2a07 . , + au Page 11 of October 16, 2002 Ronald Haley 13731 Oak Ridge Dr Davie, FL 33325 To whom it mayconcern: I met Adham Hassoon when I became employed at Marcom Technologies four years ago. Hehas always treated me extremely well, been very helpful, and a good worker. Adham has always showna sense of humorand gone outof his way to make others feel welcome. Everyone hasfelt the void in our departmentsince he has been unavailable, Please feel free to contact me if you would like further information. Thank you, Ronald Haley Coworker . foal ‘le - : or Rose Gonzalez * i & My Commission CC898538 yw Expires December 28, 2003 000653 + ase 0:04-084-ADAS6GACECVRELIeeDaaAent Eze 29 October 18, 2002 SHARFUDDIN M. SYED 7561 NW 1°? STREET PEMBROKE PINES,FL 33024 Sharfuddin syed CRATER OED6 Page 12 of MarCom Cx 7771 W. Oaxtano Park Bivo., #100 SUNRISE, FLoriDa 33351 (954)747-6566 » (800)725-0900 Fax (954)741-1329 E-MAIL? syeds@marcom-csg.com To Whom It May Concern: I have worked with ADHAM HASSOONforthelast six years at MARCOM TECHNOLOGIESas Programmer Analyst. I found him extremely knowledgeable, hard working and helpful at work. He was very creative, honest and loyal Coworker. It was a great pleasure working with him. It will be very hard to find his replacement. Please feel free to contact me if you have any questions at my home phone 954-987-6897. Thank you, Sharfuddin Syed Programmer Analyst MARCOM TECHNOLOGIES [0 ko by %& My Commission CC898538 “aan Expires December 28, 2003 000646 . Case 0:04-cr-60a8e estocpvifeeee maauacnt Emereiboratenaga 120i? ‘ 2g Page 13 of 1258 NW 84" DR Coral Springs, FL 33071 October 17, 2002 Dear Sir: Thisletter is to c: itirm that I worked with Adham Hassoon at Marcom Technologies, and have known Adham for the last four years. Adham and I are coworkersin the computer department. Heis very well liked by all coworkers and peers. I have found him to be considerate, polite and courteousat all times. Adham has shown to metobe very reliable and dedicatedat his position at MarCom andhas bent over backwardsto assist me. He would think nothing of giving you his last dollar. From my discussions with Adham,his family andfriendsare his priority in life. Itis a pleasure to have Adham asa friend. If there is anything I can do to assist Adham in any way, please contact me at MarCom. Sincerely, ~~ %iG Rose Gonzalez * ¥& My Commission CC898538 “ay ” a Expires December 28, 2003 000652 Case 0:04-¢r-e0ase atieecvioeemaaitaant Emo rfeileor08 cS Bohaye Rata? Page 14 of 10/18/2002 To Whom It May Concern: I German Carmona was employed with Marcom in 1999for approximately 1 year. I had the pleasure of working with Adham Hassoun. He isa friend, a family man and posess good family values. Should you need moreinformation,pleasecall (954) 812-3006, Thanks, (COWON Cari ct Oh German Carmona ott, Rose Gonzalez & Bad% My Commission CC898538 Y wat’ Expires December 28, 2003 000654 Case 0:04-cr-008S6 6io-cvineig6e DPdacuiment EaeRilecOBITS BcRagd 16. 62307 2g {s September 24, 2003 John C. Klasen 8823 NW 20" Manor Coral Springs, FL 33071 oe To whom it may concern: L John C. Klasen have been employed at Marcom Technologies since June of 1996 and have worked with Adham Hassoun ona daily basis during that time. I have found Adham to be an honest, hard-working and conscientious. I have spent many a lunch hour with him and consider him to be a goodfriend. Should you need anyfurther information, please feel free to call: © (954)747-6566 x103 (work) or,(954)292-1352 (cell) a Thank tas Zak C. Klasen Page 45 of Case 0:04-cr-d0ase 6A09cvi0GiI6e Ddcuiment E2terFiedrORITSNBoRage V2BED? 29 September 23, 2003 Shushane Dean 3570 NW 85™ Way Sunrise, FL 33351 To Whom It May Concern; I Shushane Dean, have worked with Adham Hassoon at MarCom Technologies for 3 years, I worked directly with Adham during this period of time as well as became established a friendship. I have found Adham to bereliable, trustworthy and man ofhis word. y \ Forfurther information please feel free to contact me. a Sincerely, Nhubone hand Shushane Dean Co-Worker - ; Page 16 of Case 0:04-cr-d0ase eerpscvideigeemacitaent Emo BindsMBo Page 1R0caD7 , . 23 ania "3300. voozola@mencom Page 17 of : 954.815.5282 October 15, 2002 DearSir or Madam: It is with some sadness that write this letter about Adham Hassoun. , along with millions of other Americans felt sorrow, anger and dismay on September 11, 2001. We werejoined in these feelings by countless others from around the world. in my anger, wanted to strike out at the people responsible for the attacks. really did not care if we had 100% proof, all wanted was some action. Since that period of time, have remembered what America means to the world. We have been a symbol of hope and freedom for well over 200 years. Our national monuments include gifts from other countries-with the Statue of Liberty, a gift from a foreign people symbolizing what we stood for. We had to temper our anger with a sense of Justice and a sense of what wasright. have had a personal experience with the world gone awry by seeing the arrest and subsequent incarceration of Adham Hassoun. could use my time to watch TV or do a million other things besides get involved. Many people here in this country do that. The elections are a good example ofthe relative unwillingness of people to get involved. fell, though, that if did not speak out, that would be giving up not only a part of my freedom,but also the basic freedom that has been a part of the United States since the beginning. Refusal to get involved has resutted in the Holocaust in Germany and the McCarthy era hearings during the early 50s in this country. My not writinga letter for Adham would probably not cause such dire consequences,but if put together with millions of other people's lack of involvement, could result in a change in the way the United States conductsit’s business. That result, regardless of the degree of the change, would mean that the terrorists won on September 11". The sacrifices people have madesince the beginning of our country would be diluted. Therefore, feel compelled to say something in support of Adham. have worked with Marcom since 1994 and worked for Results Technologies for a year prior to that. During that time, have had numerousinteractions with Adham. Sometimes,it was as simple as just being invited for some extra pizza he had at lunch. Virtually every time that met Adham,he always had a friendly comment. More than this, though, saw him go out of his way to help his coworkers when they were in need. He was devoted to his family and has brought them to the job site on occasion. saw how hard he worked forthe company. saw how responsive he wasto handling the problems had with the computers. On September 11”, saw a manin sorrow because ofthe pain his adopted country was experiencing. Never once did see anything that would convince me that he was an extremist who would cause harm to others. Our country was founded upon somebasicprinciples. Oneof the foundations wasthat every person had basic, innate rights. Those rights were not dependent upon one’s circumstancesofbirth and they were not dependent upon the type of crime a person may have committed. Our laws provide for the preservation of those rights. Those rights can only be abridged in favor of the community rights after somedifficult decisions and stringentjustification. Normally, those decisions, and thejustification that brings the decision about are part of a public forum. Unfortunately, for both Adham and our country, the forum has not been public..While.4 sincerely believe that-Adham is no threat to the United States, and is in fact an asset, also believe the government has a responsibility to protect us. If the government has some basis for holding Adham,then this reasoning should be a part of the public forum. If the govemment has nothing, though, then a grave injustice is being done to an innocent man. Our reactions to Adham should not be based upon the fears and angerarising from the events of September 11”, but should be based on the principles that haye been a part of our country since July 4", 1776. 000648 Case 0:04-cr-A0AS6SATRDVMEI96EDdCfent E2erBitedrOBITSNBoRageL2eaD7 Page 18 o! 29 In the name ofAflah Most Gracious, Most Merciful 3, THE ISLAMIC SCHOOL OF MIAMI, INC. September 24, 2003 TO WHOM IT MAY CONC ERN Dear Sir or Madam: Re: Mr. Adham Hassoun It is my great pleasure to write this reference letter on behalf of Mr. Adham Hassoun. I have known him for ten years. Mr. Hassoun is ver y active in provid ingservice to the community, He is very dedicated and caring person and he possesses exc ellent moral values. On a personal uote, I have found Mr. Hassoun.t o be a very bright and enthusiastic ind ividual who carries out his duties always in an outstanding fashion. I strongly recommend him and question you may have. would be happy to answer an y : Sincerely, Che” “ys “7 a wf, co Bilal Karakira, Imam of Masjid Annour eect 11699" SW147" Ave. Miami, FL 3319 6. Tel (305) 408-0400 Case 0:04-cr-60aS¢SATEcrviRGIIEeadiMent EtetRiborOSlTSNPoRagd 2LOSi@M7 Page 19 6! ! 29 Thursday, Sept, 25, 2003 To Whom It May Concern di, Jinam of Masjid Altman Let it be known that 1, Rafiq Mah Center of Miami, RL, do hereby mmie Ysta The of an lun rly meé for d an e known Mr. Hassoun, } hav express my support for Mr. Adhem shown passion for truth and Hassoun for several years. He has always should be afforded the human — and me ori no ted mit cam has He ice, just or upholding. rights that this nation has become well knownf ion. In light of detent Lani dismayed and appalled athis prolonged ught against My. Hassoun the fact that there have been no charges bro tely no threat to the security of and that he, in my opinion, pores absolu from detention, sd our nation, please do the rightthing and release him our society. that he may once again be a productive member of . dfn. Masjid Al-Iman 2542 Franklin Dr. Ft. Lauderdale, FL 33331 . Sincerely Yours, Rafig Mahdt (954) 224-0242 oe Case 0:04-¢r-008Se:SitocevDGINEoMACUIENtERéRiledOSLBUBCRagdBLED? Page 20 of a : Noveibe6,32003 a KromeDetention Cénter ¢ :” oe Miami, Florida, - Re Adham Hassoun We write“this letter on ¢ behalf0 of Mr. AdhamEHassoun who has been detained ii n your - facility for thepast 17months. Personally, wehave known Adham for over 10 years and _ as American citizens, we would like totell you about him. Please try to realize how much : Adhamiis valued in our South Florida Muslim commu nity, He has always gone out ofhis Wayto assist families at times with little regard for his own financial outcome. But his help to the community is much more than financial. That? s just how he is. Adham will rally the community at a moments notice for such activi ties as picnics, lectures, to help other Musl ims who reed help moving, need food, visiting people for Dawa, or even to _ providesupport byjustlistening to people. Heis truly a magnetfor this community andit has been a shame thathe is.unable to behere with his friends and family because heis greatly missed byall of the Muslims in South Florida. Heis truly a social worker who wouldalwayslike to help others especially orphans.a nd theneedy. Heis a family manandwebelievehéis unfairly”separated from his famil y and especially his very young - children who were sOattached to him. I hopethat you will please’ consider this letter when deciding the future for Mr. Adham Hass oun. en . Thank you for your considerationin this matter, Abid & Susan Hadrous . So Case 0:04-cr-60a66 64T92cvibGi96e Ddcument F2eRiledrOBITSNPcRage 22am? au Page 21 of September25, 2003 To Whom It May Concern I have been working as the Director of the School of Islamic Studies at Broward since January of 2000, 1 have huuwn Me. Adlia Hassoun since when through Aig involvement in a number of religious and community activities, I have always found him caring for others and helping people in need without any considerations to their race, color ar social backgrounds. He was known amang the community members as kind, helpful and willing ta help anybody whe wauld approach bin. Please feel free to call me if I can be of any further aysixiance regarding this matter, My contact numbers are as follows: Phone: 984-741-8130 Fax: — 954.741.8788 Sincerely, . . Za far Mee L6L/ Zulfiqar 1 Shah Ph, D, Director School ofIslamic Studies at Broward 4505 NW 103 Ave., Sunrise, FL 33351 Case 0:04-cr-G08S6 O4T22cvi0G196 s Ddcument EdereedDELL R PageEEBIBO/ : Page 22 oF ISUot® (Zouels BN Aor ts : Coal Secings , rt ASH~4t55 -HS GD03.__ ~O LaINONA 8 MAL C@MEeCO Thip jp tO sted sinai- +.WIAVE. ICME PU. ADAM passesinge orn “he. DeQun sin, Macs zon. N22 -Q\Wwx 1 shawec} Pashia Ancol: e.aring, Hem oy Feeney ASO _UNEN one of MALY KIDS Laere, la vo We. Le Lararslo’ WV j et. AG ME OCIA needec!) §{t. Ouc. LOG _caluoay IS Creer = po OR, ‘OR MALLS Inenalh We wes eence 2 oho J aAtraciument me. 40 Muy nuspane , lig : ne SA @ rou ADsensure YAH.OQ WeCIGLLAG Mu hoomenct nec} out onc. cobinges, > Ost. JOSlo Aryeh Pac HeesoeyLy Psemne.cl tAHE: $3 Cane Quc ac) neipin® 5: uk: LAr, . fp Wis ena Ling, SLVE. 1 LIC Nacy Lonat woe NEPORO wonern Loe. LAPce 2litheo) ne_.-“Ordo¥ol: pias i Dec, Q nex). hamid, Ami y@ me Crenn iA. ALAD CemhyLd “] OAD le, noes He) cad Me. ’ lors Or 4 ue tl: Qc: an 2200 POMC nis. OIAVe. _OF 210 LW Case 0:04-cr-60a66 6(2ccvibGL96e Ddacuinent EwereilecdrOBiTSBoRage 22 eram7 2g Page 23 i MACKON 20.2Ei lncnon =} EE aol ma AOL. aact _ ROC Hoste 150 Vecly Com’ Hee MOO Oy KIQLIS ae Wits 1204: ADoti mMusling Ac Le pa Cla QOL SS Rens. Vera Mok. FeO QM foe. ee 4tQ STD. QOO\ QAO. ~ @QaLblame vee VEADPeCHtOl. ub ry ne oman sw i ays toile, and VOC Ort DAGKGALS SOLDNNT - pig MALTS Lan le an LAG 40 OO Cl cmaren were. tm LNA AD bey Mt mors a Leuc@-eyQa. TOEmMembac ns icin, Nc. HansaLan Oc meen 20 nape: moc. JeleeSSOLA Wa. IN Le: CUA. IS. K Ou Airy. pener OO. ———— Ded wes OC: LOMCa net re Ce: Ope. ancl ne para rat PL 0a. VEO ACE) sca, WHO ee, DA nis Le and - CURR Gite a LINO ANCWY 2 26 ke sSrPll). last Cyr 4 Deolctu- a = Mme A OM. We LOA On. ID L. ims nde reed foc ont JON. pe. Moe Case 0:04-cr-€0a66 6112ecvilGLO6eDdcliivient EteRiledOBIS BoPage PR eree7 2u i ! i I Page 24 of ' Las oO RATA Noenereal A speek, @rm Nr Hes nUINA SGI Nec s anyLoteey Tania LIcy_s Ina ware Tat Apes “Lancia. Yanae 1083— [Cauol Celnn veh Cael,SOcinQs,=a“Baey 2. ASH. a Hs _ Case 0:04-cr-608666f12ECVIDGEIOSDAAACt E2eBilecr08/751Bo Rag QamaeeReRme: 29 f Fadi Hamad 1337 NW 129" Way FadiHlainad, Pharm.D. * = Rat Phi Sunrise, FL 33323 _. ” 1801 North Fedral Highway, Hollywood,FL33020 Phone: 954.929.9500 Fax: 954.921.2912- - September 23,2003 To whom it may concern I have known Mr. Adham Hassoun, who is a second cousin to my mother, for the last thirteen years. I knew him as a lovely, compassionate, peaceful, and helpfulfor others. In addition to this, Mr. Hassoun was very dedicated to his family. I hope Mr.Hassounbeset free, so he can unite with his family and serve the country he lovesto livein. Best regards Fadi Hamad Case 0:04-cr-60a66 64T9-cvibGi96e Ddcument F2eRiledrOBITSNPoRage 27a? au Page 26 of Wayne E. Rawlins 1761 NW 96" Terrace, Unit 3K Pembroke Pines, Florida 633024 9954.885.1381 ¢rawlin_w@belisouth.net September 24, 2003 To Whom It May Concern: As a Muslim and a community justice consultant I have personally known Mr. Adaham Hasson. ~for the past seven years. He has been an active person in the community always working for the good ofhis fellow human being. He andhis family have suffered tremendously during his detainment and both his family and the South Florida community will welcomehis release. I strongly support his release. Sincerely, a * AT Wayne E. Rawlins Case 0:04-cr-60a66 64T9-cvibGi96e Ddcument F2eRiledrOBITSNPcoRage 22am? au Page 27 of To Whom It May Concern: L As Zadeh , know Mr. Adham Hassoun for the past few years, that he is a very outstanding individual and asset in the community. He is very helpful and compassionate in the helping of others solving their problems, regardless of race, ethic group or religion. He is also outstanding husbandand father to his wife and kids. 5337 wy a3.) Soe Stic. SIF q_ Q\_- os Case 0:04-cr-60a66 64T9-cvibGi96e Ddcument F2eRiledrOBITSN PoRaged 22 ara? - 2o Abed Elatab 6001 No. Falls Circle Dr. Tauderhill, FL. 33319 #400 September 25,2003 To Whom It May Concern, Regarding Adham Hassoun. I have known him for twelve years. In those twelve years, I only saw a very kind and good-hearted person. Adham is always there when people need him most. He is also a good . provider, a great father and family man. All of his family and friends miss and love him. Sincerely, MME Abed Flatab Page 28 of Case 0:04-cr-60a66 64T9-cvibGi96e Ddcument F2eRiledrOBITSNPoRaged BO aia? au Page 29 of A Cry for Help Dear In September1989, Adham Hassoun came to the United States to visit his sister. Adham was impressed bythis country and decided to finish his Master's Degree in Computer Science at Nova University. In October 1990, his mother filed an I-130 application for him, sponsoring him for Immigration into this country. The application was approved. October 1996, Adham filed an I-485 application to adjust his status to that of a permanent resident. Since then, Adham has metall of the requirements for him to stay in this country. Adham’s mother, sister, and all three children are American citizens and Adham has pursued citizenship status for the majority of the thirteen years that he has lived here. On June 12", 2002, Adham was detained and taken to Krome Detention Centerin Miami, FL, an Immigration and Naturalization Service detention facility. The stated reason for the detention us “overstaying his student visa”. Since his detention, Adham was found to be deportable to Lebanon. At this point, Adham is a stateless person. He was born in Lebanon to Palestinian parents, but is not a Lebanese citizen and is not allowed reentryinto that country. Like many other people throughout the world, Adham has admired the United States for its constitution, government and freedom. During his stay here, that appreciation has become deeper. In addition to his rights and freedom here in America, Adham has been cognizant of his responsibilities and has worked hard to meet them. He has a clean record, has never been arrested and pays his taxes and has faithfully renewed his work permit. In appreciation for the gifts he has received herein this country, Adham has worked to help other people in need. His help ranges from moral supportto financial assistance to those in need. His generosity and concern for the welfare of others has made him a well-known and liked member of his community. His family, friends, co-workers and neighborsfeel that he has become an important part of society. In addition to his mother and sister, Adham has three boys, all American citizens by birth. Their ages are two, eight, and ten. The separation of the last eight months has been difficult for the children as well as for Adham. Adham is a man who believes strongly in family values and has worked hard to become a good provider for his family. The United States has long been a beacon of freedom to the rest of the world. Itis important to the world as a whole that America should be protected and that the residents here have a secure place to live. America needs to continue to be the beacon of freedom. That reedom needs to be here as Adhams three children grow up and passit on as a legacyto their own children. Adham has given up eight months ofhis life to help preserve that freedom. He loves the United States and wants to continue his progress towards obtaining citizenship here. We ask that you release Adham so he can bewith his family. We ask that Adham be releasedso that he can once again taste the freedom, which has caused him to make America his home. His family needs Adham. His community misses him and his coworkers look forward to his return. His adopted country needs Adham. In a time where people who help others seem to be a small percentage of the population, Adhams generosity is sorely missed. We realize that the judicial system today is overworked and under appreciated. It is our hope that you will find the time to review Adhams case and let him rejoin his family and community. Sincerely, The Adham Hassoun Family Case Document 1-3 Filed 03/15/19 Page 1 of 5 EXHIBIT Case 6:19-cv-06196 Document 1-3 Filed 03/15/19 Page 2 of 5 U.S. Department of Homeland Security 500 12" Street, SW Mailstop 5900 Washington, DC 20536 US. Immigration and Customs Enforcement Hassoun, Adham c/o U.S. Immigration and Customs Enforcement A074 079 096 Buffalo Field Office Nicole Hallet, Esq. University at Buffalo School of Law, Community Justice Clinic 507 O’ Brian Hall Buffalo, NY 14260 Notice of Intent and Factual Basis to Continue Detention Pursuant to the provisions of 8 C.F.R. § 241.14(d), U.S. Immigration and Customs Enforcement (ICE), an agency within the U.S. Department of Homeland Security, is initiating procedures to determine whether you will be subject to continued detention as an alien whoserelease presents a significant threat to the national security or a significant risk of terrorism. This notice advises you ofthe factual basis underlying ICE’s evaluation of your detention under 8 C.F.R. § 241.14(d). You were administratively arrested by the former Immigration and Naturalization Service on June 13, 2002. On June 27, 2003 you wereissued a final order of removal to Lebanonafterall immigration relief and protection, including your application for deferral of removal to Lebanon underthe regulations implementing U.S. obligations under Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, was denied. On January 22, 2008, you were convicted in the Southern District of Florida of Conspiracy to Murder, Kidnap & Maim Personsin a Foreign Country, in violation of 18 U.S.C. § 956(a)(1), Conspiracy to Provide Material Support for Terrorism, in violation of 18 U.S.C. § 371, and Material Support to Terrorists, in violation of 18 U.S.C. § 2339A(a), and were sentenced to an 188-month term ofincarceration followed by 20 years of supervised release. The charges against you stemmed from yourrole in a conspiracy recruiting fighters and providing material support to terrorist groups overseas engaging in "jihads” in Chechnya, Bosnia, Kosovo, Algeria, Afghanistan, Pakistan, Somalia, Eritrea and Libya. Upon completion of your sentence on October 10, 2017, you entered ICE custody. Yourcase has been reviewed pursuant to Zadvydas v. Davis, 533 U.S. 678 (2001), and ICE has initiated proceedings to determine whether your detention should be continued pursuantto 8 C.F.R. § 241.14(d). ICE maycontinue to detain an alien if removal is not significantly likely in the reasonably foreseeable future and whose release would posea special dangerto the public,if: (i) the alien is a person described in section 212(a)(3)(A) or (B) or section 237(a)(4)(A) or (B) of the Immigration and Nationality Act or the alien has engagedorwill likely engage in any other activity that endangersthe national security; (ii) the alien’s release presents a significant threat to Case 6:19-cv-06196 Document 1-3 Filed 03/15/19 Page 3 of 5 the national security or a significant risk of terrorism; and (iii) no conditions of release can reasonably be expected to avoid the threat to the national security or the risk of terrorism. Your case appears to meetthese three criteria because you assumeda leadership role in a criminal conspiracyto recruit fighters and provide material support to terrorist groups, and because you remain a continuing threat of recruiting, planning, and providing material support for terrorist activity. You will be provided with a reasonable opportunity to review any evidence against you. You have the opportunity to submit a statement and any additional information to ICE for consideration before ICE submits a formal recommendationto the Secretary of the Department Homeland Security to certify your continued detention. Please submit any statement or additional information within 30 daysofthis notice. If the Secretary determines that you should remain detained under 8 C.F.R. § 241.14(d), your custody status will be reviewed every six months andfurthercertifications may be made by the Secretary or Deputy Secretary. Detention decisions under paragraph (d) are not subjectto further administrative review. 8 C.F.R. § 241.14(d)(7). 2/2279 atthéw T. ence Executive Associate Director and Senior Official Performing the Duties of Deputy Director, U.S. Immigration and Customs Enforcement Date Case 6:19-cv-06196 Document 1-3 Filed 03/15/19 Page 4 of5 U.S. Department of Homeland Security 500 12" Street, SW Mailstop 5900 Washington, DC 20536 (goes, (ager U.S. Immigration ey: and Customs “ws” Enforcement Notice of Procedures under 8 C.F.R. § 241.14(d) Pursuantto the provisions of 8 C.F.R. § 241.14(d), U.S. Immigration and Customs Enforcement (ICE), an agency within the U.S. Department of Homeland Security (DHS),is initiating procedures to determine whether you will be subject to continued detention as an alien whose release presents a significant threat to the national security or a significantrisk ofterrorism. This notice advises you of the procedures for deciding whether you will be subject to continued detention. The “Notice of Intent and Factual Basis to Continue Detention” provides you with a description of the factual basis for your continued detention. You will have an opportunity to examine the evidence against you, with the exception of anyclassified material, and present information on your own behalf. 8 C.F.R. § 241.14(d)(2). You will be interviewed by an immigrationofficer whowill take your sworn statement. During the interview, you may be represented by counsel or other representative, at no expense to the government, and ICE will provide a language interpreter if such assistance is determined to be appropriate. 8 C.F.R. § 241.14(d)(3). ICE will create a written record of proceedings, and the ICE Director will make a written recommendationto the Secretary for certification, if appropriate. The ICE Directoris required to considerall relevant information, including, but not limited to: (i) the recommendation of appropriate ICE enforcementofficials and of the Federal Bureau of Investigation (FBI) or other federal law enforcementornational security agencies; (ii) any statements and information you submit; (iii) the extent to which your previous conduct poses a dangerto the national security and any prior convictionsindicating a likelihood that release would present a significant threat to the national security or a significant risk of terrorism; and (iv) other special circumstances of the case. 8 C.F.R. § 241.14(d)(4), (5). After notification that ICE intends to recommendthat the Secretary of Homeland Security (Secretary) continue detention under 8 C.F.R. § 241.14(d), you may submit a written statement and additional information for consideration. Please submit any written statement or additional information within 30 days of receipt of the Notice of Intent and Factual Basis to Continue Detention. The Secretary’s certification is based on the record developed by ICE and the recommendations of the ICE and FBIDirectors. Before makinga certification for continued detention, the Secretary may order further procedures or review to ensure a complete record, consistent with the obligations to protect national security and classified information and to comply with the requirements of due process. 8 C.F.R. § 241.14(d)(6). The detention decision is subject to semiannual review. Althoughthe initial certification must be made by the Secretary, the Deputy Secretary may makere-certifications. 8 C.F.R. § 241.14(d)(7). Case 6:19-cv-06196 Document 1-3 Filed 03/15/19 Page 5of5 U.S. Department of HomelandSecurity 500 12Street, SW Mailstop 5900 Washington, DC 20536 uU Kgs », U.S. Immigration ey and Customs In his reply brief, Petitioner argues that he is neither a risk to the community nora flight risk. See ECF No. 29 at 37-40. The Court declines to address these questions at this juncture. Under § 1231(a)(6), immigration authorities are responsible for determining, in the first instance, whether an alien is “a risk to the community or unlikely to comply with the order of removal.” 8 U.S.C. § 1231(a)(6). Moreover, because Petitioner is not presently being held on either of those bases, any opinion by this Court would be advisory. 14 Case 1:18-cv-00586-FPG Document 46 Filed 01/02/19 Page 15 of 16 “The majority view in the Second Circuit requires the ‘immediate custodian,’ generally the prison warden, to be namedas a respondentin ‘core’ immigration habeas proceedings—i.e., those challenging present physical confinement.” Khemlal v. Shanahan, No. 14 Civ. 5186, 2014 WL 5020596, at *2 n.3 (S.D.N.Y. Oct. 8, 2014); Zhen Yi Guo v. Napolitano, No. 09 Civ. 3023, 2009 WL 2840400, at *3 (S.D.N.Y. Sept. 2, 2009) (collecting cases). Petitioner does not dispute that Searls is the only appropriate respondent underthis rule. Therefore, the other respondents will be dismissed from the case, and the Court’s order will be limited to Respondent Searls. See Fed. R. Civ. P. 21 (“On motion or on its own, the court may at any time, on just terms, add or drop a party.’’); see also In re Grabis, No. 13-10669, 2018 WL 1508754, at *5 (S.D.N.Y. Mar. 26, 2018) (“Relief under Rule 21 dismissing a party from an action is especially appropriate when there is clearly no right or basis of relief from a party.” (internal quotation marks omitted)). CONCLUSION For the reasons discussed above, the petition is GRANTEDasfollows: 1. Petitioner is entitled to relief insofar as the governmenthas exceededits authority to detain Petitioner under 8 U.S.C. §§ 1227(a)(1)(C) & 1231(a)(6); Petitioner shall be released from Respondent Searls’s custody on March 1, 2019, unless the Court orders otherwise; Respondent Searls may file a supplemental memorandum on the status of negotiations with the unspecified country by January 28, 2019, after which the Court will determine whetherto delay Petitioner’s release; Respondent Searls may, in his discretion, set reasonable conditions of supervision for Petitioner as part of his release; The Court’s order does not preclude Respondent Searls from continuing to detain Petitioner on any other permissible basis under applicable statutes and regulations; Respondent Searls shall notify the Court if he determines that Petitioner will be detained on someother permissible basis. 15 Case 1:18-cv-00586-FPG Document 46 Filed 01/02/19 Page 16 of 16 7. The Clerk of Court shall dismiss all other respondents except Jeffrey Searls from this action. Bac IT IS SO ORDERED. Dated: January 2, 2019 Rochester, New York / FRANKP. GE Chief Judge United States District Court 16