Afghan permanent resident deported in first terrorist removal case

The Justice Department has used a little-known immigration court for the first time to deport an Afghan lawful permanent resident from Texas after accusing her of supporting an Islamic State-inspired Election Day mass shooting plot involving her son and son-in-law.

Nazira Haji Zada, 47, agreed to leave the United States rather than continue fighting the case before the Alien Terrorist Removal Court, a secretive body Congress created in 1996 but that had not previously been used, according to court records and the Justice Department. Senior U.S. District Judge Joan Ericksen ordered her removal on Aug. 20 after Haji Zada waived her rights to challenge detention and agreed to deportation. The documents were made public Friday.

The Justice Department said Haji Zada “conceded that she is an alien terrorist and waived appeal of the removal order, terminating her previous status.” Her admission will not be used in criminal proceedings, NPR reported, citing court records.

The Alien Terrorist Removal Court was designed to allow the government to seek deportation of noncitizens, including lawful permanent residents, when evidence is classified and officials say releasing it would pose a national security risk. Unlike in criminal cases, people targeted in the court are not permitted to review classified evidence against them, and they cannot legally challenge how the government collected that evidence.

Haji Zada has not been charged with a crime. Prosecutors alleged in court documents that she supported a plan by her son, Abdullah Haji Zada, and son-in-law, Nasir Ahmad Tawhedi, to carry out an ISIS-inspired mass shooting on Election Day in 2024. CBS News reported that both men were prosecuted and convicted in connection with the plot. NPR reported that both men have been charged and will be deported after their release from prison; Abdullah Haji Zada, 19, was sentenced to 15 years, and Tawhedi, 28, pleaded guilty to two terrorism-related charges.

According to court records cited by NPR, Tawhedi admitted that between June and October 2024 he conspired with at least one other person to buy two AK-47 rifles, 500 rounds of ammunition and 10 magazines for a mass-casualty attack. Court documents said he communicated with an ISIS facilitator about buying the firearms on behalf of ISIS, including asking whether 500 rounds would be sufficient.

Federal authorities alleged Haji Zada, described in court filings as the family “matriarch,” worked to “radicalize” her family, “formally pledged loyalty to ISIS,” and helped indoctrinate her children with ISIS ideology. Prosecutors also alleged the family raised money for the planned attack by selling furniture, computers, a mobile phone and two vehicles, and that Haji Zada signed a contract to sell the family’s home. The government alleged she planned to move with other female family members and young male family members to an ISIS-controlled location before the attack, while hiding the plan from her “unsuspecting husband.”

Haji Zada came to the United States as a lawful permanent resident in 2018, NPR reported. Her husband worked at Bagram Air Base in Afghanistan from 2009 to 2016.

Her court-appointed attorneys, Matthew Farley and Mary Manning Petras, had challenged the constitutionality of the proceedings, saying they were not allowed to review the evidence. They said Haji Zada’s decision to accept removal “should not be seen as an endorsement of this court’s legitimacy.”

“Dragging lawful permanent residents into court but refusing to show them or their attorneys the evidence that will be used against them is a plain violation of due process,” they said. “We are confident that the Alien Terrorist Removal Court will be struck down as unconstitutional as soon as a judge is asked to address the issue.”

The Justice Department said it shared half a terabyte of documents with her lawyers to support its case. Attorney General Todd Blanche called the removal “a win for national security and the rule of law.”

“Those who support and condone terrorism should not be living in the United States,” Blanche said, adding that the case shows “how the Department will use every tool at its disposal to protect our country.”