The U.S. Alien Terrorist Removal Court held its first-ever hearing this week but stopped short of ruling on the government's request to remove a noncitizen it alleges is connected to terrorism, instead directing federal officials to provide additional information supporting their case.
In an order issued Thursday, Judge Joan N. Ericksen said the government filed its application on July 15 under a section of federal law that allows the removal of noncitizens accused of terrorist activity through a specialized judicial process.
The court convened a hearing the following day, where attorneys presented arguments, although no sworn testimony was taken.
According to the order, the court requested additional information after raising questions about the government's asserted connection between the respondent's alleged conduct and the specific statutory provisions cited in its application.
During the hearing, government attorneys offered to supplement the record with further information.
Judge Ericksen ordered the government to file a supplemental submission under seal by July 17 addressing the issues raised during the hearing.
The respondent will have until July 21 to file a response, also under seal.
After reviewing those filings, the court will determine whether another hearing is necessary or whether it can rule based on the existing record.
The respondent's identity and much of the evidence in the case remain under seal.
The order was publicly released in redacted form.
The Alien Terrorist Removal Court was established by Congress in 1996 as part of the Antiterrorism and Effective Death Penalty Act.
The specialized court was created to hear government applications seeking the removal of noncitizens alleged to be involved in terrorist activity while allowing the use of classified information under procedures designed to protect national security.
Appeals from the court are heard by the U.S. Court of Appeals for the District of Columbia Circuit.
Despite existing for three decades, the court had never previously received an application from the government and had never conducted proceedings before this week's hearing.
The court's order does not identify the respondent or describe the underlying allegations in detail because much of the case remains sealed.
It also does not indicate whether the government is relying on classified evidence or specify the type of terrorist activity alleged.
No final decision has been issued.
Under the schedule set by the court, the next step in the case will depend on the supplemental filings from both parties.
Once those submissions are reviewed, the judge will decide whether additional proceedings are necessary before ruling on the government's request for removal.