Convicted terrorist Mohiuddin AKM Ahmed‘s website, Freedin.org, states that the Ninth Circuit Court of Appeals stayed Mohiuddin’s deportation order on March 29, 2007:
"On Thursday afternoon, March 29th, the 9th Circuit Court of Appeals in San Francisco CA, issued an order temporarily stopping deportation. This action effectively stops Din’s deportation to Bangladesh until further notice but we fully expect Din’s deportation could happen at any time. "
That is not exactly what happened.
I have acquired the Ninth Circuit Court of Appeals Docket [pdf] for Mohiuddin’s case. According to the docket, the following happened:
- On February 23, 2007 the Court denied on the merits Mohiuddin’s petition for review of his deportation order.
- On March 19, 2007 the Court prematurely ordered the mandate (to allow for deportation). A mandate is supposed to be issued seven calendar days after the 45 day period to file a petition for rehearing has expired. That is, the mandate was not supposed to be issued before April 16, 2007.
- On March 29, 2007 the Court recalled the mandate that was prematurely issued.
- On March 30, 2007 Mohiuddin filed a petition for panel rehearing and a petition for rehearing en banc.
The original deportation order was stayed by the Court, without opposition from the Justice Department, on July 22, 2004, pending review of the case. According to the stay order, "Pursuant to 9th Cir Gen Ord 6.4c, the temporary stay of removal continues in effect until issuance of the mandate, or further order of the court."
The premature issuance of the mandate on March 19th had made Mohiuddin eligible for removal from the United States. Since Mohiuddin filed the rehearing petition on March 30, the original (July 22, 2004) stay of his removal order continues in effect until seven days after the Court’s decision. As is very likely, if the Court decides not to grant a rehearing, the stay of removal will expire and Mohiuddin will likely be deported a week thereafter.
Click here to read the entire docket.
