Afghan woman in Texas dubbed an "alien terrorist" is deported in DOJ's first case using obscure court

Washington — An Afghan permanent resident in Texas has been deported after the Justice Department designated her an “alien terrorist,” marking the first case of its kind, the department said Friday.

Nazira Haji Zada, 47, chose to leave the United States instead of continuing to contest her removal in the Alien Terrorist Removal Court, according to the Justice Department.

Congress established the Alien Terrorist Removal Court in 1996 to handle cases involving noncitizens who could not be deported through the standard process because key evidence was classified and could not be publicly disclosed for national security reasons.

Public defenders for Haji Zada had previously said she planned to challenge the government’s removal effort. They argued that the court’s confidential procedures denied her basic due process protections.

People facing terrorist-removal proceedings in the court, including lawful permanent residents, cannot examine the classified evidence used against them. Unlike defendants in criminal cases, they also cannot challenge the government’s methods for obtaining that evidence.

Haji Zada has not been charged with a crime. Her son, Abdullah Haji Zada, and her son-in-law, Nasir Ahmad Tawhedi, were separately prosecuted and convicted in connection with a plan to carry out an ISIS-inspired mass shooting on Election Day in 2024.

The Justice Department has accused Haji Zada of supporting the alleged plot and attempting to radicalize her children in support of ISIS.

The department said Friday that it provided Haji Zada’s attorneys with roughly half a terabyte of documents supporting its claim that she qualified as an alien terrorist. According to a department news release, Haji Zada “conceded that she is an alien terrorist and waived appeal of the removal order, terminating her previous status.”

Attorney General Todd Blanche called the case a national security and rule-of-law victory. “Those who support and condone terrorism should not be living in the United States,” Blanche said. “This first-ever case before the ATRC shows how the Department will use every tool at its disposal to protect our country.”

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