Bellas grants habeas corpus to Bangladesh national • Judge says DOLI violated rights of overstaying alien

Superior Court Associate Judge Timothy H. Bellas yesterday ordered the release of Juyel Ahmed, a Bangladeshi who has been languishing in jail for almost two years now.

In granting his habeas corpus petition filed by lawyer Bruce Jorgensen, Judge Bellas said the Department of Labor and Immigration has violated the rights of Mr. Ahmed by placing him under detention indefinitely amid uncertainty of his deportation.

Unless the government proves that detention is temporary and will deport Mr. Ahmed immediately, he should be temporarily released from prison, Judge Bellas added. So far, the government has not presented any evidence that Mr. Ahmed has a criminal history and poses a flight risk.

If the government fails to deport Mr. Ahmed in 10 days, then the government should release him without any conditions. While he is on island, authorities may require Mr. Ahmed to report before an immigration officer for monitoring.

“Since detention is only lawful in aid of deportation, it is excessive to detain an alien indefinitely if deportation will never occur. When removal is not foreseeable, likely, or realistic, detention becomes impermissible punishment,” Judge Bellas said.

Mr. Ahmed, who came here as a tourist, has been ordered deported by the Department of Labor and Immigration on Aug. 6, 1998 since his permit to stay expired on Nov. 24, 1994.

According to Mr. Ahmed, Assistant Attorney General Robert Goldberg has attempted to coerce him into helping the Bangladesh government issue a passport for immediate departure.

However, when he refused to comply with Mr. Goldberg’s demands, the DOLI counsel ordered him placed on a “24-hour lock down” for 365 days a year. At the same time, he was prevented from leaving his cell, denied access to and use of newspapers, cigarettes and not permitted to play cards, forbidden access to entertainment of any
type, prohibited from making telephone calls and communicating with others.

Furthermore, his visiting privileges were removed and measures were instituted to prevent him from communicating with his lawyer.

Mr. Ahmed said he was forced to seek a petition for habeas corpus due to DOLI’s refusal to provide public records and other materials sought in connection with federal court proceedings.

All of Mr. Ahmed’s allegations were not disputed by the CNMI government but simply contends that they are irrelevant to the issue of his alleged unlawful imprisonment.

In fact, the government argued that Mr. Ahmed himself is the reason for his prolonged detention because he has refused to provide or surrender his passport.

Mr. Goldberg has had meetings with members of the State Department and Bangladeshi Embassy officials in Washington D.C. to gain travel documents for Mr. Ahmed but the travel document provided by the embassy was defective. The Bangladesh Embassy only promised that a proper travel document will be given as soon as possible.