American-Arab Anti-Discrimination Committee v. Reno

This opinion decides three cases that have been consolidated on appeal. Two of the cases involve claims of selective enforcement of immigration laws in violation of the aliens’ First Amendment rights, arising from the initiation of deportation proceedings under various provisions of the Immigration and Nationality Act (“the INA”), codified as amended at 8 U.S.C. § 1101 et seq. (1994), against Aad Khaled Barakat, Naim Nadim Sharif, Bashar Amer, Ayman Mustafa Obeid, Julie Nuangugi Mungai, and Amjad Mustafa Obeid (No. 94-55444, collectively referenced as “the Six”); and Khader Musa Hamide and Michael Ibrahim Shehadeh (No. 94-55405, collectively referenced as “Hamide and She-hadeh”). In No. 94-55444, the Attorney General and the Immigration and Naturalization Service appeal the grant of a preliminary injunction against further deportation proceedings for the Six. In No. 94-55405, Hamide and Shehadeh appeal the district court’s denial of a similar preliminary injunction based on lack of subject matter jurisdiction. In the third case, No. 95-55177, the INS appeals the district court’s finding of a due process violation and its grant of a permanent injunction prohibiting the INS’ use of…