judge, law ignored by INS
http://www.usnews.com/usnews/usinfo/press/1207detain.htm Muslim behind bars, despite a judge's order A Turkish Muslim from White Plains, N.Y., held in a New Jersey jail for more than two weeks, remains behind bars, despite a judge's order that he be released. Atila Kula, a 27-year-old former computer student, was picked up by the FBI on Nov. 20, and questioned about the September 11 terrorist attacks. Kula's lawyer Kerry Bretz insists his client has no knowledge of the incidents. Bretz, who is based in New York, says Kula was likely singled out when the Immigration and Naturalization Service conducted a review of soon-to-expire student visas. Kula finished classes at Baruch College on October 17. Unlike other foreign nationals detained by the government, Bretz says, Kula was legally in America. Students are permitted to stay 60 days after classes end. Kula's wedding--which was to have been December 1--would have made him eligible for a work permit. This week, in a hearing closed to the public, an immigration judge ordered Kula immediately released. But when immigration lawyers said they intended to appeal the decision, the judge's order was automatically stayed, and Kula was sent back to jail. Immigration officials say they cannot discuss the specifics of Kula's case; they will say only that they have not picked up people randomly and do not appeal cases without good reason. Russ Bergeron, an INS spokesman, says that detainees' rights have not been abridged. He also noted that Kula could get married in jail. Last week, Denise Cordovano, Kula's fiancee, asked for just such a ceremony. The local sheriff turned her down.
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Khoder bin Hakkin