DETROIT FREE PRESS V. ASHCROFT: 6TH CIRCUIT AFFIRMS INJUNCTION PROHIBITING BLANKET CLOSING OF IMMIGRATION HEARINGS
Immigrants' Rights Update, Vol. 16, No. 5, September 10, 2002

The U.S. Court of Appeals for the Sixth Circuit has affirmed an injunction that prohibits the government from closing immigration hearings to the public and the press without an individualized showing of justification.

The ruling affirms a preliminary injunction issued by a district court in Michigan, in a lawsuit brought by the press challenging the closing of removal hearings in the case of Rabih Haddad. Haddad's case had been closed pursuant to a memorandum issued by Chief Immigration Judge Michael Creppy (for background on this memo, see "Chief Immigration Judge Issues Guidelines for Secret Removal Hearings," Immigrants' Rights Update, Dec. 20, 2001, p. 3; for background on the district court injunction, see "Michigan District Court Preliminarily Enjoins Closed Removal Hearings," Immigrants' Rights Update, Apr. 12, 2002, p. 6).

The court concluded that the district court did not abuse its discretion in issuing the injunction. It also found that the plaintiffs are likely to prevail on their claim that the blanket closing of hearings without an individualized showing justifying the action violates the First Amendment.

Detroit Free Press v. Ashcroft, No. 02-1437 (6th Cir. Aug. 26, 2002).

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