It looks as though there won't be a petition. Here's what the SG said about the CTA6 case in his BIO in NJMG:
The Sixth Circuit . . . ordered the government to provide public access to all future removal proceedings for Haddad, unless the government demonstrated a particularized need to close a hearing, and to disclose transcripts and related documents from Haddad's past proceedings. The government complied with that order, closing only portions of Haddad's subsequent proceedings to protect sensitive source-identifying material. Haddad's removal proceedings before the immigration judge have now been completed, and he has been ordered removed. . . . While the government disagrees with the Sixth Circuit's order, it directly pertained only to proceedings concerning Haddad, whose identity and background had already been widely disseminated in the press. Moreover, Haddad's removal proceedings before the immigration judge are now complete. Indeed, immigration proceedings have now been completed for virtually all of the "special interest" aliens nationwide. As of the filing of this brief, only one "special interest" alien faces any realistic possibility of future immigration proceedings before an immigration judge. As a result, the Sixth Circuit's ruling, though inconsistent with the decision of the Third Circuit in the case at hand, has little continuing practical effect for the government. Finally, the governmental procedures and regulations that gave rise to the present litigation are currently under review and will likely be revised to reflect the government's practical experience dealing with these unique cases, the government's increased knowledge about terrorism threats and operations, and overall governmental restructuring designed to enhance the security and effectiveness of its response to terrorist threats and attacks. ----- Original Message ----- From: "Volokh, Eugene" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Tuesday, May 27, 2003 1:25 PM Subject: First Amendment right of access to immigration proceedings > The Supreme Court just denied cert this morning in the Third Circuit > case (North Jersey Media Group v. Ashcroft) which held that there was no > First Amendment right of access to immigration proceedings. Does anyone > whether a cert petition has been filed in the Sixth Circuit case (Detroit > Free Press v. Ashcroft) that held the opposite, and, if so, when it was > filed? The suggestion for rehearing en banc in the Sixth Circuit case was > denied on Jan. 22, 2003. Thanks! > > Eugene >
