United States Second Circuit

In case involving Egyptian citizen in New York City to study computer engineering, and who was staying at a hotel across the street from the World Trade Center in New York City on September 11, 2001, who was arrested and detained as a material witness, dismissal of plaintiff's Fifth Amendment claim as to a bail hearing is vacated where plaintiff has properly alleged an actual deprivation of his Fifth Amendment constitutional right against compulsory self-incrimination.

Appellate Information

• Decided 10/19/2007
• Published 10/19/2007

Judges

• Before:  JACOBS Chief Judge, POOLER, Circuit Judges, KOELTL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jonathan Abady, Emery Celli Brinckerhoff & Abady LLP (O. Andrew F. Wilson, of Emery Celli Brinckerhoff & Abady LLP, Earl Ward, on the brief) New York, NY, for Appellant.


• For Appellees:
  
• Sean Lane, Assistant United States Attorney (Heather McShain and Sean Cenawood, Assistant United States Attorneys, Michael Garcia, United States Attorney for the Southern District of New York, on the brief) New York, NY, for Appellee.