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NY Appeals Court Rules that Deported Syrian Suspected of Terrorism Can’t Sue U.S.

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By Allan Lengel
ticklethewire.com

The U.S. government scored a victory in the deportation of a Syrian-born Canadian Maher Arar who was deported to Syria after being arrested in New York for being a suspected terrorist, the Canwest newservice reported.

The 2nd U.S. Court of Appeals rejected Arar’s bid to sue the U.S. over his case, ruling 7-4 in favor of the government.

Canwest summed up the ruling by saying “the court ruled that the case was so unusual that the U.S. Congress would have to expressly authorize such lawsuits, complete with remedy if wrongdoing by government officials is determined to have occurred.

Canwest reported that the majority ruled that letting the lawsuit move forward would “offend the separation of powers and inhibit (U.S.) foreign policy,” the majority said.

“We decline to create on our own, a new course of action against officers and employees of the federal government,” Chief Judge Dennis G. Jacobs wrote in the 59-page majority opinion.

Arar’s attorney indicating the ruling may be appealed.

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