According to court filings unsealed Friday, Haji Zada waived her rights to challenge her detention and was deported back to Afghanistan last month.
Haji Zada became a permanent resident in 2018, as her husband worked as an assistant to the U.S. military on Bagram Air Base, one of the largest U.S. bases in Afghanistan. Her son, Abdullah Haji Zada, and son-in-law, Nasir Ahmad Tawhedi, pleaded guilty to attempting to purchase two AK-47-style rifles and 500 rounds of ammunition from an undercover FBI agent in order to carry out a terrorist attack in Oklahoma in 2024. Abdullah was sentenced to 15 years in prison, while Tawhedi is still awaiting sentencing.
The Alien Terrorist Removal Court, created after the 1996 Oklahoma City Bombing, allowed to DOJ to circumvent charging suspected terrorists in criminal court and instead allows them to be removed from the country over “terrorist activity.”
It is also much easier for the government to secure approval for an individual’s removal, as they only have to prove a “preponderance of evidence” rather than the traditional, more strenuous “beyond a reasonable doubt.” The DOJ also reportedly refused to show classified evidence to Haji Zada’s attorneys, even though they had a security clearance.
“Dragging lawful permanent residents into court but refusing to show them or their attorneys the evidence that will be used against them is a plain violation of due process,” Haji Zada’s public defenders said, adding that they expect the decision to be rejected as “unconstitutional.”
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