US judge orders government to release Iraqis or grant bond hearings

In this file photo, Lindsey Hamama, 11, right, cries as her mother Nahrain speaks to the crowd in Detroit, about her father Usama "Sam" Hamama, who was detained during Immigration and customs enforcement raids of primarily Chaldean immigrants, in which 114 Iraqi nationals in Metro Detroit were detained and are facing deportation. (AP)
Updated 03 January 2018
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US judge orders government to release Iraqis or grant bond hearings

WASHINGTON: A US judge ordered the government on Tuesday to either release Iraqi immigrants it arrested last year or grant them bond hearings, in the latest judicial curb on the Trump administration’s efforts to tighten US immigration.
Last year the federal government detained hundreds of Iraqi immigrants who had been ordered deported years ago due to criminal convictions. Iraq until recently had refused to take them back, but struck a deal with the US in March to repatriate its citizens, sparking the immigration sweeps.
The Iraqis and civil rights groups representing them sued the federal government. US District Judge Mark Goldsmith, in Detroit, had previously halted the deportation of the Iraqis, many of whom are Christian, who argued they would face persecution if they were sent back to Iraq.
In his ruling on Tuesday, Goldsmith said that any of the Iraqis held for six months or longer must either be released or granted a bond hearing before an immigration judge within 30 days.
“Our legal tradition rejects warehousing human beings while their legal rights are being determined,” wrote Goldsmith.
The Trump administration has tried to deport the Iraqis as part of its push to increase immigration enforcement and make countries, which have resisted in the past, take back nationals ordered deported from the US.
Since June, immigration enforcement officers have detained approximately 300 Iraqi nationals with final deportation orders, according to information provided to the court by the Iraqis’ lawyers. There are approximately 1,400 Iraqis in the US with final deportation orders.
The US government said in March that Iraq had agreed to repatriate Iraqi nationals ordered deported from the US.
But Goldsmith noted in his order that the US has “no written agreement” with Iraq regarding its cooperation, and that it is therefore unclear whether Iraq had agreed to take back all its nationals, and if so, under what conditions.
Goldsmith said his ruling would apply to Iraqi detainees in similar circumstances nationwide, even if they are not involved in the litigation.
“(Goldsmith) just really reaffirmed the principle that indefinite detention in this country is not acceptable,” said Kary Moss, executive director of the American Civil Liberties Union of Michigan, which is representing the Iraqis.
The Department of Justice, which is arguing on behalf of the government, did not immediately respond to a request for comment.


Maldives’ top court dismisses outgoing president’s petition

Updated 21 October 2018
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Maldives’ top court dismisses outgoing president’s petition

MALE, Maldives: The Maldives’ top court on Sunday dismissed the outgoing president’s petition seeking an annulment of last month’s presidential election result.
The five-member Supreme Court ruled unanimously that the election was conducted within the law. No other details were immediately known.
The Election Commission had declared opposition alliance candidate Ibrahim Mohamed Solih the winner of the Sept. 23 election against President Yameen Abdul Gayoom.
Yameen’s party challenged the result, alleging vote rigging, fraud and corruption in the election process.
Four of the five members of the Election Commission fled after the election, citing intimidation by Yameen’s supporters.
President-elect Solih’s spokeswoman, Mariya Didi, said “the case was based on conjecture and conspiracy theory.”
“We are pleased that the court ruled unanimously to uphold the will of the people. There is zero evidence that the election was fixed,” Didi said in a tweet.
President Yameen “should do the honorable thing: accept defeat & ensure a smooth transfer of power,” she said.
The Maldives, an Indian Ocean archipelago nation known for its luxury resorts, became a multiparty democracy in 2008 after decades of autocratic rule. Yameen is accused of rolling back many of the democratic gains.
Solih was chosen as the Maldivian Democratic Party’s presidential candidate at a party congress in July after exiled former President Mohamed Nasheed abandoned plans to run because of legal obstacles.
Nasheed has been sentenced to 13 years in prison, making him ineligible to contest the election. The verdict was widely criticized as politically motivated.
The Supreme Court earlier this year ordered Nasheed’s release and retrial, but the government refused to implement the ruling.
Yameen had expected to contest the election virtually unopposed, with all of his potential opponents either in jail or forced into exile. Following the Supreme Court order to release and retry Nasheed, the government arrested the chief justice and another judge. The remaining three Supreme Court justices then reversed the order.
In the Maldives’ first multiparty election in 2008, Nasheed defeated 30-year autocrat Maumoon Abdul Gayoom.
Nasheed resigned in 2012 amid public protests over his order to the military to detain a sitting judge. He lost the 2013 election to Gayoom’s half brother, Yameen, who has reversed many of the country’s democratic gains.
Gayoom is now an ally of the pro-Nasheed coalition and was jailed by his half brother.
Yameen’s administration has also jailed his former vice president, two defense ministers, the chief justice and a Supreme Court judge, as well as many other politicians and officials.