After ordering the federal government to release Ann Arbor Muslim leader Rabih Haddad or give him a new immigration hearing last week, U.S. District Court Judge Nancy Edmunds will hear a new motion in regard to Haddad's case Monday.

This comes just days after Immigration Judge Robert Newberry closed off part of Haddad's immigration hearing Tuesday. In their emergency motion, a consortium of plaintiffs argued that, in doing so, Newberry neglected to follow proper procedure at Haddad's open immigration hearing.

The consortium, consisting of the American Civil Liberties Union, several Detroit newspapers and U.S. Rep. John Conyers (D-Detroit), together sued the federal government in January to open Haddad's hearings.

Haddad, first arrested Dec. 14 for an expired visa violation, had three closed deportations hearings before the U.S. 6th Circuit Court of Appeals upheld an August decision by Edmunds opening hearings for Haddad.

"The public's interests are best served by open proceedings. A true democracy is one that operates on faith - faith that government officials are forthcoming and honest, and faith that informed citizens will arrive at logical conclusions," appellate Judge Damon Keith wrote in a unanimous opinion following the hearings.

Yet the appellate court also said portions of hearings can be closed if there is evidence that national security is at risk.

Kary Moss, executive director of the Michigan ACLU, said she is not against closing parts of Haddad's hearing if correct procedure was followed.

"In doing so, they had to provide facts to the judge and the judge had to make a factual record of why it was being closed," Moss said. "Instead, the new judge just took the government's word."

Moss added that the main reason Edmunds ordered a new hearing for Haddad was because a previous judge had been too biased toward his case. A new judge was asked to take a neutral viewpoint.

"We are just asking the judge to follow proper procedure," Moss said. "You can't just trust what the government says."

Mary Bejian, chair of the Washtenaw County ACLU, said like most Haddad supporters, she was first surprised rather than angry Tuesday afternoon when Newberry suddenly ordered the hearing closed. Bejian was waiting at the courthouse during the hearing. "I was very confused because my understanding was the government had not followed the protocol set up for them to request and get approval for closing a hearing," Bejian said, adding that none of Haddad's supporters raised a fuss in the courtroom.

"Everybody followed the appropriate protocol," she said.

She also said the ACLU simply wants the immigration hearings to be open and fair.

"What the ACLU objects to is the blanket closure of all immigration hearings. These cases should continue to be dealt with on a case-by-case basis."