Afghan Woman Deported After Waiving Rights In First-Ever Alien Terrorist Removal Court Case, DOJ Says

The Department of Justice said Friday that Nazira Haji Zada, 47, an Afghan national accused of supporting an Islamic State–inspired plot in the United States, has been deported after waiving her right to contest detention. Her case was the inaugural petition brought before the long-dormant Alien Terrorist Removal Court, a tribunal created by Congress in 1996 that had not heard a case until this summer.

Haji Zada was arrested in July at her home in Fort Worth, Texas, and brought before the specialized court on a Justice Department application seeking her removal from the United States. DOJ officials said she waived her rights to challenge detention and agreed to removal; the department did not immediately disclose when she left the country or to which country she was returned.

Defense Reaction and Due-Process Concerns

Attorneys for Haji Zada said her consent to deportation should not be interpreted as acceptance of the court's authority. In a statement, her lawyers criticized the proceedings for withholding evidence from the defense and said:

"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."

Government Statements

Attorney General Todd Blanche described the outcome as "a win for national security and the rule of law," saying the Justice Department will use available tools to remove those who support terrorism. Homeland Security Secretary Markwayne Mullin said in a statement: "Those who plot acts of terrorism against the United States have no place in our country. We will find them, and we will use every lawful tool available to remove them."

Allegations and Related Convictions

The Justice Department has alleged Haji Zada supported the Islamic State. DOJ identified her as the mother and mother-in-law of two Afghan men convicted in Oklahoma for plotting an attack in the United States on Election Day 2024; prosecutors say the plot was disrupted before any attack took place.

An FBI memorandum dated July 15 said agents "developed information" indicating Haji Zada was an IS supporter who had her children pledge loyalty to the group. Her son, Abdullah Haji Zada, was sentenced in November to 15 years in prison; court records show he previously agreed to a removal order after his release. Her son-in-law, Nasir Ahmad Tawhedi, who previously worked as a security guard at an American military installation in Afghanistan, pleaded guilty to conspiring and attempting to provide material support to the Islamic State and has been described by prosecutors as taking concrete steps to prepare an attack.

About the Alien Terrorist Removal Court

The Alien Terrorist Removal Court is authorized to conduct deportation proceedings for individuals the Justice Department designates as "alien terrorists." It is composed of five federal judges from different districts, appointed by the Chief Justice of the United States. The court's first hearing in its three-decade existence took place on July 30, when Judge Joan Ericksen presided over the initial session for this matter.

The case was resolved quickly when Haji Zada waived her rights and agreed to removal, averting what could have been a prolonged constitutional battle over the court's authority and the government's evidence. Her attorneys had sought disclosure of the material underpinning the government's allegations and signaled they would press legal challenges.

Note: DOJ has not disclosed the date of deportation or the destination country.