Alien Terrorist Removal Court to Hear Case of Afghan Woman

The Alien Terrorist Removal Court is scheduled to hold a hearing in Washington, D.C., marking the first time the obscure tribunal has been utilized since it was established three decades ago. The Justice Department filed an application seeking the deportation of Nazira Haji Zada, an Afghan woman residing in Fort Worth, Texas, who was arrested earlier in the week.

Historic Hearing Set in Long-Dormant Removal Court

According to court documents made public, the initial status hearing is set to take place at the federal courthouse in Washington, D.C. The court operates under specific authority outlined in a 1996 law to conduct deportation proceedings for individuals whom the Justice Department classifies as alien terrorists.

Allegations and Family Connections in the Case

While court filings note that Nazira has no criminal history, an FBI memo dated July 15 states that investigators developed information identifying her as an Islamic State supporter. According to the memo, she worked to indoctrinate her children with ISIS ideology and had them pledge loyalty to the group, supporting a plot by relatives to carry out an ISIS-inspired attack in the United States.

Photo: KRDO

Court records identify Nazira as the mother and mother-in-law of two Afghan men convicted in Oklahoma for their roles in a 2024 Election Day plot. Her son, Abdullah Haji Zada, was sentenced to 15 years in prison and previously agreed to be removed from the U.S. following his release. Her son-in-law, Nasir Ahmad Tawhedi—who previously worked as a security guard for an American military installation in Afghanistan—pleaded guilty to conspiring and attempting to provide material support to the Islamic State group. Prosecutors stated that Tawhedi ordered AK-47 rifles, liquidated family assets, and bought one-way tickets for his wife and child to return to Afghanistan to advance the attack plans.

Acting Attorney General Todd Blanche stated in a release that the allegations show the matriarch of an ISIS-sympathizing family aiding in a plot to launch a mass casualty attack on American voters on Election Day.

Court Structure and Legal Scrutiny

The tribunal is comprised of five federal judges from different districts across the country appointed by the chief justice of the Supreme Court. Chief Judge Joan Ericksen is reviewing the current case, having issued an order granting the Justice Department’s initial application to move forward.

Acting Attorney General Todd Blanche speaks as FBI director Kash Patel speaks during a news conference at the Department of
Photo: AP News

Legal observers have questioned the constitutionality of the court due to the highly limited view the target will have regarding the case. According to procedures set forth in the 1996 legislation, many details are withheld from public view and from the woman herself. The Department of Justice explained that underlying information remains classified because disclosure would reveal intelligence sources and methods or enable terrorist organizations to avoid detection measures.

In terms of legal standards, Judge Ericksen noted that the Justice Department only had to clear a probable cause bar during the initial phase. For the upcoming removal hearing, the government will face a higher standard requiring a preponderance of the evidence, which remains lower than the beyond-reasonable-doubt threshold required in criminal trials.

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