San Diego judge rules that feds denied Afghan interpreter’s due process rights, orders his release
One of two masked men wearing ICE jackets stands in front of a man from Afghanistan as he is detained after an appearance in San Diego Immigration Court on June File photo by Adrian Childress Times of San Diego A San Diego federal judge Friday ordered an Afghan man who once had assisted the U S military as an interpreter to be disclosed from custody Sayed Naser Noori was arrested by immigration agents in June while appearing at his first asylum hearing since entering the United States last year At the hearing Noori s development was dismissed after ruling body attorneys argued his notice to appear in court was improvidently issued He was then arrested and placed in expedited removal proceedings U S District Judge Gonzalo Curiel wrote in a brief order issued Friday that among his findings Noori s humanitarian parole was revoked without notifying him providing him reasoning for the revocation or giving him an opportunity to be heard which the judge revealed deprived Noori of his due process rights Curiel wrote that revoking his type of parole requires written notice of termination which petitioner was not provided Along with his release the judge ordered that Noori be returned to his original parole conditions Shawn VanDiver president of the nonprofit AfghanEvac which aims to help relocate and resettle Afghan allies mentioned in a recorded announcement posted on social media that the judge s decision is such good news and we think that the court order will have implications for other people in his situation Noori s asylum documents state that the Taliban killed his brother at a family wedding The application also notes that in addition to working as a translator his family ran a company that contracted with the United States Noori wrote that he feared returning to Afghanistan due to anticipated retaliation for assisting the U S AfghanEvac says Noori entered the U S through a CBP One an app used by Customs and Dividing line Protection appointment last year at San Ysidro
