United States v. Khader Musa Hamide

Khader Musa Hamide, Basher Amer, Michel Ibrahim Shehadeh, Julie Nuangugi Mungai, Amjad Mustafa Obeid, and Aymad Mustafa Obeid (collectively Hamide) appeal the district court’s denial of their motion to vacate an order finding that the government’s electronic surveillance of eight individuals, including the appellants, was lawful. We find that this court has no appellate jurisdiction because the order was not final, and we dismiss the appeal.

FACTS

In December of 1986, the Immigration and Naturalization Service (INS) began deportation proceedings against eight aliens, including the six appellants, all of whom were arrested in early 1987 and eventually released. The INS claimed that the eight individuals were members of the Popular Front for the Liberation of Palestine, and charged them with being deportable under 8 U.S.C. § 1251 (a)(6)(D), (G)(v), and (H) (1982), as aliens belonging to an organization that advocates the “doctrines of world communism” through written or printed publications. The eight, joined by others, filed a lawsuit in district court challenging the facial constitutionality of the “world communism” sections. The government subsequently withdrew the original…