Arar v. Ashcroft
Encyclopedia
Arar v. Ashcroft, 414 F.Supp.2d 250 (E.D. N.Y. 2006), was a lawsuit
brought by Maher Arar
against the United States
and various U.S. officials pursuant to the Torture Victim Protection Act (TVPA), , and the Fifth Amendment to the United States Constitution
, in the United States District Court for the Eastern District of New York
.
was a Canadian citizen who was deported to Syria by the U.S. government. In Syria, he was tortured, forced to falsely confess, and released after one year without being charged.
Arar sought a declaratory judgment
that defendants’ conduct violated his "constitutional, civil, and international human rights," as well as compensatory and punitive damages for the statutory and constitutional violations.
over his treatment.
The Center for Constitutional Rights
brought the suit Arar v. Ashcroft against former Attorney General John Ashcroft, FBI Director
Robert Mueller
, and then-Secretary of Homeland Security Tom Ridge
, as well as numerous U.S. immigration officials. It charges the defendants violated Arar's constitutional right to due process
; his right to choose a country of removal other than one in which he would be tortured, as guaranteed under the Torture Victims Protection Act; and his rights under international law.
The suit charges that Arar's Fifth Amendment
due process rights were violated when he was confined without access to an attorney or the court system, both domestically before being rendered, and while detained by the Syrian government, whose actions were complicit with the U.S. Additionally, the Attorney General and INS officials who carried out his deportation also likely violated his right to due process by recklessly subjecting him to torture at the hands of a foreign government that they had every reason to believe would carry out abusive interrogation.
Further, Arar filed a claim under the Torture Victims Protection Act, adopted by the U.S. Congress
in 1992, which allows a victim of torture by an individual of a foreign government to bring suit against that actor in U.S. Court. Arar's claim under the Act against Ashcroft and the INS directors is based upon their complicity in bringing about the torture he suffered. The case was filed in the United States District Court for the Eastern District of New York
.
in the U.S. District Court for the Eastern District of New York
.
January 18, 2005 – The U.S. government moved to dismiss the case by asserting the “state secrets” privilege. The government claimed that the reason Mr. Arar was deemed a member of Al Qaeda and sent to Syria, instead of Canada, are “state secrets.”
February 16, 2006 – Judge David G. Trager
issued a memorandum and order dismissing the TVPA, torture, and detention claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure
, and the Fifth Amendment claim for lack of personal jurisdiction over the defendants. Judge Trager found that national security and foreign policy considerations prevented him from holding the officials liable for carrying out an extraordinary rendition even if such conduct violates our treaty obligations or customary international law.
September 12, 2006 – Mr. Arar filed a Notice of Appeal in the Second Circuit.
December 12, 2006 – Attorneys at the Center for Constitutional Rights
filed an appeal in the Second Circuit on behalf of Mr. Arar.
November 9, 2007 – The appeal was argued before the Court of Appeals for the Second Circuit
.
June 30, 2008 – The majority opinion found that adjudicating Mr. Arar’s claims would interfere with national security and foreign policy and that as a foreigner who had not been formally admitted to the U.S., Mr. Arar had no constitutional due process rights with respect to the government’s interference with his access to a lawyer. This was decided by a three judge panel by a 2-1 vote. The court reversed the district court and ruled Arar had shown a prima facie
showing sufficient to establish personal jurisdiction over Thompson, Ashcroft, and Mueller, but upheld the dismissal on its merits.
August 12, 2008 – the Court of Appeals for the Second Circuit
sua sponte
issued an order that the case would be reheard en banc
.
December 9, 2008 – En banc
hearing was held.
November 2, 2009, the 2nd Circuit United States Court of Appeals, in a 7-4 decision, upholds the ruling by the district court.
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
brought by Maher Arar
Maher Arar
Maher Arar is a telecommunications engineer with dual Syrian and Canadian citizenship who resides in Canada. Arar's story is frequently referred to as "extraordinary rendition" but the U.S. government insisted it was a case of deportation.Arar was detained during a layover at John F...
against the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and various U.S. officials pursuant to the Torture Victim Protection Act (TVPA), , and the Fifth Amendment to the United States Constitution
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
, in the United States District Court for the Eastern District of New York
United States District Court for the Eastern District of New York
The United States District Court for the Eastern District of New York is the federal district court whose jurisdiction comprises the entirety of Long Island and Staten Island...
.
Background
Maher ArarMaher Arar
Maher Arar is a telecommunications engineer with dual Syrian and Canadian citizenship who resides in Canada. Arar's story is frequently referred to as "extraordinary rendition" but the U.S. government insisted it was a case of deportation.Arar was detained during a layover at John F...
was a Canadian citizen who was deported to Syria by the U.S. government. In Syria, he was tortured, forced to falsely confess, and released after one year without being charged.
Arar sought a declaratory judgment
Declaratory judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party. In this way, the declaratory judgment is like an action to...
that defendants’ conduct violated his "constitutional, civil, and international human rights," as well as compensatory and punitive damages for the statutory and constitutional violations.
Case
In January 2004, Arar announced that he would be suing then-American Attorney-General John AshcroftJohn Ashcroft
John David Ashcroft is a United States politician who served as the 79th United States Attorney General, from 2001 until 2005, appointed by President George W. Bush. Ashcroft previously served as the 50th Governor of Missouri and a U.S...
over his treatment.
The Center for Constitutional Rights
Center for Constitutional Rights
Al Odah v. United States:Al Odah is the latest in a series of habeas corpus petitions on behalf of people imprisoned at the Guantanamo Bay detention center. The case challenges the Military Commissions system’s suitability as a habeas corpus substitute and the legality, in general, of detention at...
brought the suit Arar v. Ashcroft against former Attorney General John Ashcroft, FBI Director
Federal Bureau of Investigation
The Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
Robert Mueller
Robert Mueller
Robert Swan Mueller III is the 6th and current Director of the United States Federal Bureau of Investigation .-Early life:...
, and then-Secretary of Homeland Security Tom Ridge
Tom Ridge
Thomas Joseph "Tom" Ridge is an American politician who served as a member of the United States House of Representatives , the 43rd Governor of Pennsylvania , Assistant to the President for Homeland Security , and the first United States Secretary of Homeland Security...
, as well as numerous U.S. immigration officials. It charges the defendants violated Arar's constitutional right to due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
; his right to choose a country of removal other than one in which he would be tortured, as guaranteed under the Torture Victims Protection Act; and his rights under international law.
The suit charges that Arar's Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
due process rights were violated when he was confined without access to an attorney or the court system, both domestically before being rendered, and while detained by the Syrian government, whose actions were complicit with the U.S. Additionally, the Attorney General and INS officials who carried out his deportation also likely violated his right to due process by recklessly subjecting him to torture at the hands of a foreign government that they had every reason to believe would carry out abusive interrogation.
Further, Arar filed a claim under the Torture Victims Protection Act, adopted by the U.S. Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
in 1992, which allows a victim of torture by an individual of a foreign government to bring suit against that actor in U.S. Court. Arar's claim under the Act against Ashcroft and the INS directors is based upon their complicity in bringing about the torture he suffered. The case was filed in the United States District Court for the Eastern District of New York
United States District Court for the Eastern District of New York
The United States District Court for the Eastern District of New York is the federal district court whose jurisdiction comprises the entirety of Long Island and Staten Island...
.
Timeline
January 22, 2004 – The case was filed by the Center for Constitutional RightsCenter for Constitutional Rights
Al Odah v. United States:Al Odah is the latest in a series of habeas corpus petitions on behalf of people imprisoned at the Guantanamo Bay detention center. The case challenges the Military Commissions system’s suitability as a habeas corpus substitute and the legality, in general, of detention at...
in the U.S. District Court for the Eastern District of New York
United States District Court for the Eastern District of New York
The United States District Court for the Eastern District of New York is the federal district court whose jurisdiction comprises the entirety of Long Island and Staten Island...
.
January 18, 2005 – The U.S. government moved to dismiss the case by asserting the “state secrets” privilege. The government claimed that the reason Mr. Arar was deemed a member of Al Qaeda and sent to Syria, instead of Canada, are “state secrets.”
February 16, 2006 – Judge David G. Trager
David G. Trager
David Gershon Trager was a United States federal judge.Born in Mount Vernon, New York, Trager received a B.A. from Columbia University in 1959 and an LL.B. from Harvard Law School in 1962. He was in private practice of law in New York City from 1963 to 1967, acting as assistant corporation counsel...
issued a memorandum and order dismissing the TVPA, torture, and detention claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
, and the Fifth Amendment claim for lack of personal jurisdiction over the defendants. Judge Trager found that national security and foreign policy considerations prevented him from holding the officials liable for carrying out an extraordinary rendition even if such conduct violates our treaty obligations or customary international law.
September 12, 2006 – Mr. Arar filed a Notice of Appeal in the Second Circuit.
December 12, 2006 – Attorneys at the Center for Constitutional Rights
Center for Constitutional Rights
Al Odah v. United States:Al Odah is the latest in a series of habeas corpus petitions on behalf of people imprisoned at the Guantanamo Bay detention center. The case challenges the Military Commissions system’s suitability as a habeas corpus substitute and the legality, in general, of detention at...
filed an appeal in the Second Circuit on behalf of Mr. Arar.
November 9, 2007 – The appeal was argued before the Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
.
June 30, 2008 – The majority opinion found that adjudicating Mr. Arar’s claims would interfere with national security and foreign policy and that as a foreigner who had not been formally admitted to the U.S., Mr. Arar had no constitutional due process rights with respect to the government’s interference with his access to a lawyer. This was decided by a three judge panel by a 2-1 vote. The court reversed the district court and ruled Arar had shown a prima facie
Prima facie
Prima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a...
showing sufficient to establish personal jurisdiction over Thompson, Ashcroft, and Mueller, but upheld the dismissal on its merits.
August 12, 2008 – the Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
sua sponte
Sua sponte
In law, sua sponte describes an act of authority taken without formal prompting from another party. The term is usually applied to actions by a judge taken without a prior motion or request from the parties...
issued an order that the case would be reheard en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
.
December 9, 2008 – En banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
hearing was held.
November 2, 2009, the 2nd Circuit United States Court of Appeals, in a 7-4 decision, upholds the ruling by the district court.