Full opinion text
ORDER GRANTING IN PART AND DENYING IN PART PETITION FOR WRIT OF HABEAS CORPUS, DENYING MOTION TO DISMISS, DENYING MOTION TO STRIKE AND CLOSING THIS CASE LENARD, District Judge. THIS CAUSE is before the Court on the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, filed December 22, 1999, and Respondents’ Answer and Motion to Dismiss the Petition, filed February 1, 2000. The parties appeared before the Court for oral argument on April 18, 2000. Having reviewed the Petition, the Government’s Answer and Motion, and the public record in this case, having heard the oral arguments of the parties, and having been otherwise advised in the premises, for the reasons set forth below, the Court denies the Motion to Dismiss and grants the Petition to the extent that: (1) the bond redetermination decisions of the Immigration Judge, dated June 23, 1997, and of the Bureau of Immigration Affairs, dated September 15, 1998, are vacated; and (2) this matter is remanded to the Immigration and Naturalization Service for further proceedings consistent with this Order. I. Factual Background Petitioner Mazen A1 Najjar is a forty-three year-old Palestinian native of Gaza. He holds an expired Palestinian travel document issued by the Egyptian government. He first entered the United States in 1981 as a non-immigrant graduate student and began studying at North Carolina Agricultural and Technical State University in Greensboro, North Carolina, from which he received a Master’s Degree in Industrial Engineering in 1984. He last entered the United States on December 8, 1984, with authorization to remain for the duration of the period of his non-immigrant graduate student status. A. April 1985 Order to Show Cause Petitioner’s former spouse, Jan Fairbet-ter, filed a petition for adjustment of status on his behalf with the Immigration and Naturalization Service (“INS”). (See Resp. Answer and Motion to Dismiss (“Resp.Answer”) Ex. 2 at 3.) That petition was denied, and on April 19, 1985, the INS issued an order to show cause alleging that Petitioner was deportable pursuant to section 241(a)(9) of the Immigration and Naturalization Act (“INA”), 8 U.S.C. § 1251(a)(9), for failure to maintain and comply with the non-immigrant status under which he had been admitted. With the order to show cause, the INS provided: (1) notice to Petitioner that a hearing on his deportability would be held before an IJ on June 4, 1986; and (2) a warrant for his arrest. On June 4, 1986, Petitioner failed to appear at the hearing, and the Immigration Judge (“IJ”) administratively closed Petitioner’s case. Petitioner maintains that he did not appear at the hearing because he did not receive notice of the scheduled hearing until June 6, 1986, and that on June 18, 1986 he filed a request to re-open the proceedings, to which the INS did not respond. On June 21, 1993, World and Islam Studies Enterprise (“WISE”), an organization affiliated with the University of South Florida, submitted to the INS an “Immigrant Petition for Alien Worker” requesting a change of Petitioner’s status as an alien worker. (See Resp. Answer Ex. 2 at 1.) This petition stated that, as Chief Executive Officer of WISE, Petitioner “[o]ver-sees and directs all research, publishing and educational activities of the institution [and][d]irects all fund-raising and financial aspects of the non-profit corporation,” for which he received an annual salary of $ 32,400.00. (Id. at 2.) In 1993, the INS granted this petition and reclassified Petitioner as a “member of professions with advanced degree or of exceptional ability,” pursuant to 8 C.F.R. § 203(b)(2) (1992). (Id. at 1.) B. February 1996 Deportation Hearing The INS eventually re-calendared Petitioner’s case for a deportation hearing on February 8, 1996. At this hearing, Petitioner conceded his deportability on the ground that he had overstayed his non-immigrant student visa in violation of INA § 241(a)(9) and sought discretionary relief from deportation, including suspension of deportation, asylum and withholding of removal. On May 13, 1997, IJ J. Daniel Dowell issued a written decision and order, (the “IJ’s Deportation Decision”) (Petition Ex. C), finding Petitioner deportable as charged and denying his applications for discretionary relief. At the time, Petitioner maintained that he was stateless, declined to designate a country of deportation, and did not request voluntary departure. The IJ therefore designated United Arab Emirates as Petitioner’s country of deportation. Petitioner filed an appeal of the IJ’s Deportation Decision with the Board of Immigration Appeals (“BIA”). C. Petitioner Is Taken into INS Custody- On May 19, 1997, pending the appeal to the BIA, the INS District Director took Petitioner into custody and detained him without bond. Petitioner requested a re-determination of his custody status pursuant to 8 C.F.R. § 242.2(d) (1995). On May 28, 1997, the INS served Petitioner with a notice of its intent to present classified information in an in camera proceeding in support of its custody determination. (See Petition Ex. E at 1.) On May 29, 1997, IJ R. Kevin McHugh held a bond redetermi-nation hearing at which Petitioner presented several witnesses and evidence of his employment history and strong community and family ties. Federal Bureau of Investigations Special Agent West also testified at the hearing that Petitioner was a member of WISE, an organization known to support the Palestinian Islamic Jihad (“PIJ”), and that there was an on-going multi-agency investigation into Petitioner’s involvement in visa fraud, voter fraud, support to known terrorist organizations, and a sham marriage. On the same day, the IJ held an ex parte in camera hearing to receive classified information from the INS regarding Petitioner’s connection with the PIJ. Neither Petitioner nor his counsel were present at this hearing and no record of the in camera proceeding was made. On June 2, 1997, the IJ provided Petitioner with an unclassified summary of the classified information, which stated: “This Court was provided with information as to the association of [Petitioner] with the Palestinian Islamic Jihad.” (See Petition Ex. F at 1.) On June 6, 1997, the IJ re-opened the public portion of the bond redetermination hearing, and Petitioner presented witnesses in rebuttal to the unclassified summary of the classified information. Dr. Louis Cantori testified that he was an advisory editor of a journal for which Petitioner was the managing editor and that he (Dr. Cantori) had attended two conferences sponsored by WISE. Dr. Cantori further testified that he would be “shocked” if he learned that Petitioner was associated with the PIJ. Former United States Attorney General Ramsey Clark also testified on Petitioner’s behalf. Based on his experience as Attorney General from 1960 to 1969, Clark expressed concerns about the reliability of classified information and stated that corroboration of such evidence was often difficult. On June 28, 1997, IJ McHugh issued a memorandum decision (the “IJ’s Bond Re-determination Decision”) (Petition Ex. A), in which he found that Petitioner did not have a history of non-appearance at court proceedings, and that Petitioner was “a well respected man, socially, religiously, and professionally [with] strong community and family ties.” (Id. at 6.) The IJ further found that the classified information was pertinent and reliable on the issue of Petitioner’s threat to national security. Based on this classified information, the IJ found that Petitioner was a threat to national security, “[s]peeifically, because of his association with the Palestinian Islamic Jihad terrorist organization.” (Id.) Accordingly, the IJ held that Petitioner would continue to be detained without bond. D. Petitioner Appeals IJ’s Bond Rede-termination Decision to BIA. Petitioner appealed this decision to the BIA, on the grounds that: (a) the introduction of classified evidence in an ex parte in camera proceeding was not expressly authorized by the INA or regulations; (b) the IJ’s reliance on the classified evidence deprived him of his liberty without due process of law in violation of the Fifth Amendment; and (c) the IJ’s reliance on the classified evidence in finding him a threat to national security violated his First Amendment right to freedom of association. (See Petition Ex. B at 4-5.) The INS argued that the IJ’s ex parte in camera consideration of the classified evidence was within the IJ’s discretion, that the bond proceedings complied with due process, and that the evidence supported the IJ’s determination that Petitioner presented a threat to the national security. Addressing the fundamental fairness of the bond proceedings in its September 15, 1998 Decision (the “BIA Bond Redetermi-nation Decision”) (Petition Ex. B), the BIA found that “in view of the government’s compelling need to shield important, classified national security information bearing on this matter, the Immigration Judge’s examination of the ex parte evidence in camera was proper and constitutionally sound,” and that the IJ had conducted the bond proceedings in a “fundamentally fair manner.” (Id. at 7, 18.) After examining the classified evidence itself, the BIA further concluded that the record reflected that Petitioner was “associated” with the PIJ and that his release from custody “would pose a threat to both: (1) the national security of this country ... and (2) the safety of other persons or proper-ty_” (Id. at 13.) Therefore, the BIA affirmed the IJ’s decision denying Petitioner’s request for release on bond. (Id) E. BIA Upholds Deportation Order. On October 26, 1999, a separate panel of the BIA upheld the IJ’s Deportation Deeision, (the “BIA’s Deportation Decision”) (see Petition Ex. H at 4), thus rendering Petitioner subject to a “final order of deportation.” See 8 U.S.C.A. § 1101(a)(47)(B)(i) (providing that order of deportation becomes final on a determination by the BIA affirming such order). Petitioner thereafter filed with the Court of Appeals for the Eleventh Circuit a petition for review of the final order of deportation. To date, that petition remains pending. II. Procedural History On December 22, 1999, Petitioner filed the instant Verified Petition for Habeas Corpus and Complaint for Declaratory and Injunctive Relief (the “Petition”), seeking immediate release pending the outcome of the deportation proceedings. Petitioner challenges his detention without bond on statutory and constitutional grounds. Petitioner’s statutory arguments are that: (1) the INA precludes his detention based on evidence which he has not had an opportunity to examine or confront; and (2) the INA does not authorize his continued detention based on evidence of his “association” with the PIJ, which is insufficient to establish that he is a threat to national security. On constitutional grounds, Petitioner argues that his detention based on classified information deprived him of his rights under the Due Process Clause of the Fifth Amendment, insofar as: (1) he was denied notice and a meaningful opportunity to defend himself; (2) he was denied meaningful appellate review due to the IJ’s failure to maintain a record of the in camera hearing; and (3) the IJ’s reliance on hearsay was fundamentally unfair. Petitioner also argues that his detention based on classified evidence of his political association violates his rights under the First Amendment. On January 31, 2000, Respondents filed an Answer and Motion to Dismiss the Petition. Respondents argue that the Fifth Circuit’s decision in United States ex rel. Barbour v. District Director, 491 F.2d 573 (5th Cir.1974), cert. denied, 419 U.S. 873, 95 S.Ct. 135, 42 L.Ed.2d 113 (1974), controls this case. Barbour held that it was within the discretion of the Attorney General to consider classified evidence ex parte and in camera in denying release on bond to an alien pending resolution of his deportation proceedings. Id. at 578. As to Petitioner’s Due Process claims, Respondents contend that Petitioner lacks a protected liberty interest in release from detention on bond, and that, even assuming the existence of such an interest, he has received due process under the circumstances of this case. Finally, Respondents assert that the denial of discretionary relief, such as release from detention during the pendency of deportation proceedings, to a deportable alien does not violate the First Amendment. Thereafter, Petitioner submitted an Opposition to the Motion to Dismiss and Reply in Support of his Petition, and Respondents filed a Reply in further support of their Motion to Dismiss. On April 18, 2000, the parties appeared before the Court for oral argument on the legal issues set forth in the Petition. Contemporaneous with their Answer, Respondents filed a Notice of Classified Submission, notifying Petitioner that they had provided this Court with the classified information that the IJ and BIA. had reviewed in the bond redetermination. Respondents argue that Barbour, in which both the district court and the court of appeals reviewed the classified evidence, provides “the guideline” for reviewing bond redetermination decisions in the Eleventh Circuit and authorizes, but does not require, this Court to review the classified submission. At oral argument, however, Respondents suggested that the Court, without reviewing the classified information, may sustain the BIA’s decision upon a conclusion that the record evidence provides a facially legitimate and bona fide reason for denying Petitioner’s release on bond. Petitioner argues against the Court’s review of the classified information and suggests that the Court should review the submission only upon a determination that the Court is “unable to rule in [Petitioner’s] favor without looking” at the classified information. The Court has considered the parties’ positions, and has concluded that Barbour authorizes the Court to review the classified information, although it does not mandate such review. See Barbour, 491 F.2d at 576. Insofar as the Court has been able to determine the legal issues in this matter without reviewing the submission and is remanding the matter to the INS for further proceedings, the Court finds review of the classified information unnecessary and, accordingly, has not reviewed the classified information submitted by Respondents. III. Jurisdiction The INA was enacted by Congress to govern the immigration and naturalization of aliens. See H.R.Rep. No. 82-1365, reprinted in 1952 U.S.C.C.A.N. 1653 (1952). Since the INS commenced deportation proceedings against Petitioner, Congress has twice amended the INA. After examining the INA and its amendments, the Court must determine: (1) which statute governs this case based on both the date that Petitioner’s deportation proceedings commenced and the date on which his bond redetermination hearing occurred; and accordingly, (2) whether this Court has jurisdiction over the Petition notwithstanding the amendments to the INA. Based on its review of the factual and procedural history in this case and the effective dates of the amendments to the INA, the Court finds the INA, as it existed prior to the amendments confers jurisdiction on this Court to hear the Petition. A. INA The INA provided for judicial review of orders of deportation and exclusion as follows: (a) Exclusiveness of procedure The procedure prescribed by, and all the provisions of chapter 158 of Title 28 shall apply to, and shall be the sole and exclusive procedure for, the judicial review of all final orders of deportation heretofore or hereafter made against aliens within the United States pursuant to administrative proceedings under section 1252(b) of this title or comparable provisions of any prior Act, except that— *** (10) Habeas corpus any alien held in custody pursuant to an order of deportation may obtain judicial review thereof by habeas corpus proceedings. INA § 106a, 8 U.S.C.A. § 1105a(a) (West 1994). The Supreme Court interpreted this provision to vest exclusive jurisdiction in the federal courts of appeals to hear challenges to all determinations made by an immigration judge during and incident to a deportation hearing and reviewable by the BIA. See Foti v. I.N.S., 375 U.S. 217, 229, 84 S.Ct. 306, 11 L.Ed.2d 281 (1963). As the Supreme Court and the Eleventh Circuit have recognized, however, the INA did not commit to the exclusive jurisdiction of the court of appeals all challenges to actions of the INS. See Cheng Fan Kwok v. I.N.S., 392 U.S. 206, 216, 88 S.Ct. 1970, 20 L.Ed.2d 1037 (1968) (holding that “judicial review provisions of § 106(a) embrace only those determinations made during a proceeding conducted under § 242(b)”); Jean v. Nelson, 727 F.2d F.2d 957, 980 (11th Cir.1984), aff'd, 472 U.S. 846, 105 S.Ct. 2992, 86 L.Ed.2d 664 (1985) (holding that INA § 106(a) did not preclude district court jurisdiction over constitutional challenges to actions of INS not involving determination of merits of individual deportation proceedings). Therefore, under the INA, an alien could challenge conduct of the INS other than “final orders of deportation” through a petition for habeas corpus pursuant to 28 U.S.C.A. § 2241 (West 1994). See Orozco v. United States, 911 F.2d 539, 540 (11th Cir.1990) (holding that alien may challenge immigration proceedings other than “final orders of deportation” in habeas corpus petition). Section 2241 provides the federal courts, including the district courts, with the authority to grant a writ of habeas corpus to a person, inter alia: “(1) in custody under or by color of the authority of the United States ...; (3) in custody in violation of the Constitution or laws or treaties of the United States....” 28 U.S.C.A. § 2241(c)(l, 3). Therefore, this Court may exercise jurisdiction over the Petitioner’s challenge to the IJ’s bond redetermination decision, provided that decision does not fall within the definition of a “final order of deportation.” See Cheng Fan Kwok, 392 U.S. at 216, 88 S.Ct. 1970 (holding that decision of district director, not made in deportation proceeding, to deny stay of deportation, fell outside scope of exclusive court of appeals jurisdiction under INA § 106(a)). 1. INA Custody and Bond Provisions To determine whether the IJ’s bond re-determination decision constituted a “final order of deportation,” the Court first looks to the statutory basis for the IJ’s decision under the INA. INA § 242(a), codified at 8 U.S.C.A. § 1252(a) (West 1994), governs custody, bond and parole decisions made pending the final determination of an alien’s deportability. INA § 242(a)(1) provides: Pending a determination of deportability in the case of any alien as provided in subsection (b) of this section, such alien may, upon warrant of the Attorney General, be arrested and taken into custody. ... [A]ny such alien taken into custody may, in the discretion of the Attorney General and pending such final determination of deportability, (A) be continued in custody; or (B) be released under bond in the amount of not less than $ 500 with security approved by the Attorney General, containing such conditions as the Attorney General may prescribe; or (C) be released on conditional parole.... INA § 242(a)(1), 8 U.S.C.A. § 1252(a)(1). The procedures for determining deporta-bility were set out separately in INA § 242(b), codified at 8 U.S.C.A. § 1252(b). Under the INA, a non-criminal alien was not ordinarily detained unless he posed a risk of flight or a threat to the national security of the United States. See Reno v. Flores, 507 U.S. 292, 295, 113 S.Ct. 1439, 123 L.Ed.2d 1 (1993) (“An alien generally ... should not be detained or required to post bond except on a finding that he is a threat to the national security ... or that he is a poor bail risk.”) (quoting Matter of Patel, 15 I & N Dec. 666, 667 (BIA 1976)); Carlson v. London, 342 U.S. 524, 540-42, 72 S.Ct. 525, 96 L.Ed. 547 (1952) (affirming detention without bond upon “reasonable apprehension of hurt from aliens charged with a philosophy of violence against this Government”); Doherty v. Thornburgh, 943 F.2d 204, 210 (2d Cir.1991) (finding detention of deportable alien without bond based on “general threat to national security” was proper); Matter of Ellis, 20 I & N Dec. 641, 642 (BIA 1993) (“An alien, whom the Service in its discretion has arrested and taken into custody generally should not be detained or required to post bond pending the determination of deportability except on a finding that he is a threat to national security or is a poor bail risk.”). The regulations applicable .at the time Petitioner’s deportation proceedings commenced permitted the INS, acting through the District Director or other designated official, to arrest an alien and take him into custody pursuant to a warrant of arrest upon the issuance of the order to show cause or at any time thereafter until the alien was subject to a warrant of deportation. See 8 C.F.R. § 242.2(c)(1) (1995). The INS notified the alien of this initial custody determination — by checking a box to indicate whether the alien would be detained, released on recognizance, or released under bond — in the same documentation informing him of the commencement of deportation proceedings and the scheduled deportation hearing date and location. See generally Flores, 507 U.S. at 307, 113 S.Ct. 1439 (detailing INS procedures for detaining aliens pursuant to INA § 242(a), 8 U.S.C.A. § 1252(a)). Thereafter, the alien could apply to an IJ for redetermination of his custody status or the terms and conditions of his release. See 8 C.F.R. §§ 3.19(a), 242.2(d) (1995). Although the IJ’s redetermination decision could “be based upon any information that is available to the Immigration Judge or that is presented to him or her by the alien or the Service,” the IJ’s consideration of an alien’s request regarding custody or bond was to “be separate and apart from, and ... form no part of, any deportation or removal hearing or proceeding.” 8 C.F.R. § 3.19(d) (1995); see also Matter of Chirinos, 16 I & N Dec. 276, 277 (BIA 1977) (holding that bond redetermination must be conducted separately from deportation hearings because “[t]he requirement of a separate bond procedure and record is part of the effort to divorce, so far as possible, the bond matter from the deportation hearing”). An alien was entitled to appeal the IJ’s redetermi-nation to the BIA. See 8 C.F.R. §§ 3.1(b)(7), 3.38 (1995). Neither the INA nor the regulations expressly discuss the use of classified information in a bond redetermination proceeding. 2. Judicial Review of Bond Redeter-minatiori Decisions Although the Eleventh Circuit has not addressed the question of whether INA § 106 barred district court jurisdiction over a habeas corpus petition challenging a bond redetermination decision, the court has recognized that, in some circumstances, challenges to INS detention are cognizable under section 2241 habeas corpus petitions. See Orozco, 911 F.2d at 541 (citing Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484, 498, 93 S.Ct. 1123, 35 L.Ed.2d 443 (1973)). In addition, the Seventh Circuit has held that bond determinations were not “final orders of deportation” committed to the exclusive jurisdiction of the court of appeals under INA § 106(a). See Gornicka v. I.N.S., 681 F.2d 501, 505 (7th Cir.1982). As with the regulations governing Petitioner’s bond re-determination, the regulations applicable in Gomicka required bond or custody proceedings to be conducted separately from all deportation proceedings. See id. (citing 8 C.F.R. § 242.2(b) (1982)). In view of this regulation, the court held that it was clear that bond hearings are separate and apart from deportation hearings. The considerations taken into account in a bond hearing do not form a part of the record in the deportation proceeding. Whether or not bond is required has no bearing on whether a final order of deportation will be entered. A bond determination is not a final order of deportation, is not made during an administrative proceeding under 1252(b), and does not effect the deportation proceeding. 681 F.2d at 505. The court therefore concluded that it did not have jurisdiction over the petition pursuant to INA § 106(a), and noted that habeas corpus proceedings in the district court would permit “more immediate review” than appeals under INA § 106(a). Id. at 506. Here, IJ McHugh held proceedings to determine Petitioner’s custody status on May 29, 1997 and June 6, 1997, which, pursuant to INA § 242, were separate from Petitioner’s deportation hearing before IJ Dowell on February 8, 1996. {See Petition Ex. A, C.) A panel of the BIA affirmed the IJ’s Bond Redetermination Decision on September 15, 1998. On October 26, 1999, a separate panel of the BIA upheld the IJ’s Deportation Order. (See Petition Ex. B, H.) Therefore, the Court finds that Petitioner’s bond redetermination proceedings occurred separately from and formed no part of Petitioner’s deportation proceedings. Accordingly, the Court finds that the IJ’s Bond Redetermination Decision was not a “final order of deportation” and therefore, INA § 106, 8 U.S.C.A. § 1105a, does not bar this Court’s jurisdiction over the petition for writ of habeas corpus under section 2241(c). See Gornicka, 681 F.2d at 506. B. AEDPA The Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), Pub.L. No. 104-132, 110 Stat. 1214 (1996), was enacted as an amendment to the INA on April 24, 1996. Among the changes to the INA, AEDPA amended the scope of the federal courts’ habeas corpus jurisdiction in the immigration context and established the Alien Terrorist Removal Court. The Court next analyzes what effect, if any, these amendments have on Petitioner’s status or his bond redetermination procedures, and concludes that it retains jurisdiction over the Petition. 1. Habeas Corpus Jurisdiction AEDPA § 401(e) and (f) deleted the INA’s provision for habeas corpus review, previously set forth in INA § 106(a)(10), 8 U.S.C.A. § 1105a(a)(10), and replaced it with AEDPA § 440(a), to read: Any final order of deportation against an alien who is deportable by reason of having committed a criminal offense covered in section 241(a)(2)(A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(i), shall not be be subject to review by any court. INA § 106(a)(10), 8 U.S.C.A § 1105a(a)(10) (West Supp.1997). Effective April 24, 1996, AEDPA applied to “all aliens without regard to the date of entry or attempted entry into the United States.” AEDPA § 401(f), reprinted at note following 8 U.S.C.A. § 1105a; see Boston-Boilers v. I.N.S., 106 F.3d 352, 354 (11th Cir.1997) (finding that because AED-PA § 440 did not contain an effective date, it became effective on the date signed into law by President Clinton). Six months later, Congress amended AEDPA to retain the original language of INA § 106(a)(10) and merely inserted the new language of AEDPA § 440(a) after the grant of habeas review. See Omnibus Consolidated Appropriations Act of 1997 (“OCAA”), Pub.L. No. 104-208 § 671(c)(4), 110 Stat. 3009-1859 (1996). This amendment became effective on April 1, 1997. See Ramirez-Centeno v. Wallis, 957 F.Supp. 1267, 1269 (S.D.Fla.1997). By their terms, however, AEDPA’s amendments to habeas corpus jurisdiction (as subsequently corrected by OCAA) do not bar this Court’s jurisdiction over the petition in this case. First, AEDPA § 440(a) referred only to final orders of deportation as a result of criminal activity. See Ramirez-Centeno, 957 F.Supp. at 1270 (finding that amended language of INA § 106(a)(10) referred only to deportation as result of criminal activity). Petitioner’s deportability arises from his failure to maintain and comply with the non-immigrant status under which he had been admitted. (See IJ’s Deporation Decision at 1; BIA’s Deportation Decision at 1.) Second, AEDPA § 440(a) refers only to habeas corpus review of final orders of deportation. As explained above, the IJ’s Bond Redetermination Decision is not a “final order of deportation” and therefore INA § 106(a)(10), as amended by AEDPA, does not bar this Court’s jurisdiction over the petition. Finally, the Supreme Court has expressed its disfavor for repeal of habeas corpus jurisdiction by implication, and has declined to read AEDPA as repealing by implication original habeas corpus jurisdiction under section 2241. See Felker v. Turpin, 518 U.S. 651, 116 S.Ct. 2338, 135 L.Ed.2d 827 (1996). Thus, the Court finds that AEDPA § 440(a) does not remove this Court’s jurisdiction over the petition challenging the bond redetermination decision. 2. Alien Terrorist Removal Court Among the provisions designed to implement Congress’ stated purpose to “deter terrorism, provide justice for victims, and provide for an effective death penalty ...,” AEDPA established the “Alien Terrorist Removal Procedures,” and the “Alien Terrorist Removal Court” (“ATRC”), to determine the deportability of suspected “alien terrorists.” AEDPA § 401 et seq., 8 U.S.C.A. § 1531 et seq. (West 1999) (emphasis added). These procedures authorized the Attorney General, inter alia, to use classified evidence in deportation proceedings involving an alien terrorist. See 8 U.S.C.A. § 1534. The ATRC procedures are inapplicable here, however, because Petitioner conceded his deportability at his deportation hearing before the IJ on February 8, 1996, prior to AEDPA’s enactment. Such a concession constituted “clear and convincing evidence” of Petitioner’s deporta-bility and therefore rendered his status as a “deportable” alien undisputed. See Matter of H-M, 20 I & N Dec. 683, 685, 1993 WL 315990 (BIA 1993) (finding alien’s concession of deportability conclusive such that INS need not present additional evidence); Matter of Abellana and Donovan, 14 I & N Dec. 262, 265 (BIA 1973) (same); see generally Woodby v. Immigration and Naturalization Service, 385 U.S. 276, 286, 87 S.Ct. 483, 17 L.Ed.2d 362 (1966) (finding that INS must establish deportability by “clear, unequivocal and convincing evidence”). With Petitioner’s deportability established, Respondents had no need to invoke the ATRC provisions in this case. See 8 U.S.C.A. § 1534 (establishing hearing “for the purpose of determining whether the alien ... should be removed from the United States on the grounds that the alien is an alien terrorist”). C. IIRIRA The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), Pub.L. No. 104-208, 100 Stat. 3009-546 (1996), enacted September 30, 1996, effected further amendments to the INA and AEDPA. Section 309 of IIRIRA sets forth the general rule of applicability that the revised procedures for removing aliens, including judicial review procedures, do not apply to aliens who were already in either exclusion or deportation proceedings on IIRIRA’s effective date, April 1, 1997. See Reno v. American-Arab Anti-Discrimination Committee, 525 U.S. 471, 119 S.Ct. 936, 940, 142 L.Ed.2d 940 (1999); note following 8 U.S.C.A. § 1101 (West 1999). IIRIRA § 309(c)(1) provides: (c) Transition for Aliens in Proceedings. (1) General rule that new rules do not apply. — Subject to the preceding provisions of this subsection, in the case of an alien who is in exclusion or deportation proceedings before the title III-A effective date [April 1, 1997] — (A) the amendments made by this subtitle shall not apply, and (B) the proceedings (including judicial review thereof) shall continue to be conducted without regard to such amendments. IIRIRA § 309(c)(1), reprinted at note following 8 U.S.C.A. § 1101. The Supreme Court has interpreted this section to apply to those cases “pending on the effective date of IIRIRA.” American-Arab, 525 U.S. at 481, 119 S.Ct. at 943. A case is “pending” if the alien is not yet subject to a “final order of deportation.” See Zadvydas v. Underdown, 185 F.3d 279, 286 (5th Cir.1999) (finding alien subject to final order of deportation was no longer “in proceedings”). An order of deportation becomes final on the earlier of “(i) a determination by the Board of Immigration Appeals affirming such order; or (ii) the expiration of the period in which the alien is permitted to seek review of such order by the Board of Immigration Appeals.” 8 U.S.C.A § 1101(a)(47)(B). As set forth above, Petitioner was not subject to a final order of deportation until October 26, 1999, the date on which the BIA upheld the IJ’s Deportation Order. Accordingly, he was “in proceedings” on April 1, 1997, and his case is governed by the general rule that IIRIRA’s amendments are inapplicable to him. The exception to the general rule that IIRIRA’s amendments are inapplicable to aliens “in proceedings” on April 1, 1997, however, is IIRIRA’s judicial review provision, IIRIRA § 306(a), amending INA § 242, codified at 8 U.S.C.A. § 1252(g) (West 1999). Section 1252(g) provides: (g) Exclusive Jurisdiction Except as provided in this section and notwithstanding any other provision of law, no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien under this chapter. 8 U.S.C.A. § 1252(g). This section applies “without limitation to claims arising from all past, pending, or future exclusion, deportation or removal proceedings.” IIRI-RA § 306(c)(1), 110 Stat. 3009-1675, reprinted at note following 8 U.S.C.A. § 1252; see American-Arab, 525 U.S. at 477, 119 S.Ct. at 941. The enactment of this section, however, did not generally prohibit judicial review, but rather limited the availability of judicial review of a narrow class of discretionary executive actions. See id., at 481, 119 S.Ct. at 943 (interpreting section 1252(g) to apply “only to three discrete actions that the Attorney General may take”); Zadvydas, 185 F.3d at 285. Thus, section 1252(g) does not remove jurisdiction to review habeas corpus petitions challenging the detention of aliens because “detention, while intimately related to efforts to deport, is not itself a decision to ‘execute removal orders’ and thus does not implicate section 1252(g) under Reno.” Zadvydas, 185 F.3d at 285-86; see also Parra v. Perryman, 172 F.3d 954, 957 (7th Cir.1999) (finding that section 1252(g) did not foreclose district court’s jurisdiction under section 2241 to hear alien’s challenge to detention during deportation proceedings); Kamara v. Farquharson, 2 F.Supp.2d 81, 87 (D.Mass.1998) (asserting jurisdiction over habeas corpus petition challenging detention during deportation proceedings). The Court finds that neither the INA, AEDPA, nor IIRIRA preclude this Court’s jurisdiction over a habeas corpus petition challenging a bond redetermination decision as to a deportable alien in deportation proceedings prior to April 1, 1997. Accordingly, this Court has jurisdiction to entertain Petitioner’s challenge to his continued detention without bond pending resolution of his deportation proceedings. See American-Arab, 525 U.S. at 481, 119 S.Ct. at 943 (holding that, as to cases pending on IIRIRA’s effective date, section 1252(g) only limited judicial review of Attorney General’s decision or action to commence proceedings, adjudicate cases or execute removal orders); Tefel v. Reno, 180 F.3d 1286, 1296 (11th Cir.1999) (holding that district court had jurisdiction over claims that pre-IIRIRA INA did not exclusively commit to court of appeals’ jurisdiction); Orozco, 911 F.2d at 540 (holding that INA did not preclude qourt’s jurisdiction over alien’s habeas corpus challenge to detention during deportation proceedings); Haitian Refugee Center v. Smith, 676 F.2d 1023, 1033 (5th Cir. Unit B 1982) (holding that INA did not preclude district court’s jurisdiction over procedural due process challenge to asylum procedures). IV. Standard of Review The issue before this Court is whether Petitioner has been denied the right to a fundamentally fair bond redetermination hearing pending the final determination of his deportation proceeding. The nature of the habeas corpus petition sub judice requires the Court to inquire whether Petitioner “is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C.A. § 2241(c)(3). Therefore, the Court must assess whether the IJ acted within his statutory and constitutional authority: (1) in introducing and relying on classified information in Petitioner’s bond redetermination; and (2) in determining that Petitioner was a threat to national security based on his “association” with the PIJ. The standard by which the Court determines whether the IJ’s conduct was within statutory authority is distinct from the standard for determining whether that conduct was within constitutional authority. See Heikkila v. Barber, 345 U.S. 229, 236, 73 S.Ct. 603, 97 L.Ed. 972 (1953) (differentiating constitutional and statutory standards of review). Thus, the Court shall delineate separately the standards governing review of Petitioner’s statutory and constitutional claims. A. Statutory Claims It is well-settled that the Constitution grants the legislative and executive branches of the federal government broad concurrent authority over immigration matters. See Fong Yue Ting v. United States, 149 U.S. 698, 713, 13 S.Ct. 1016, 37 L.Ed. 905 (1893); Jean v. Nelson, 727 F.2d at 965. Pursuant to the authority granted by Article I, § 8 of the Constitution, “[t]o establish a uniform Rule of Naturalization,” Congress enacted the INA, under which Congress delegated authority to the Executive to administer and enforce all laws “relating to the immigration and naturalization of aliens.” INA § 103, 8 U.S.C.A. § 1103(a)(1) (West 1994). In addition to this delegated authority, the Executive’s plenary authority over foreign relations also provides a source of power for the Executive to act in immigration matters. See United States ex rel. Knauff v. Shaughnessy, 338 U.S. 537, 542, 70 S.Ct. 309, 94 L.Ed. 317 (1950) (explaining that “executive power to control the foreign affairs of the nation” is additional source of authority in immigration matters); U.S. Const, art. II, § 2. The Attorney General retains primary responsibility for immigration matters in the Executive branch, INA § 103, 8 U.S.C.A. § 1103 (West 1994), and “is the beneficiary of broad grants of discretion under the statute.” Jean v. Nelson, 727 F.2d at 965. Under the INA, the Attorney General may delegate her authority to the INS or other United States officials. INA § 103(a), 8 U.S.C.A. § 1103(a). Several principles govern the courts’ review of the Attorney General’s authority on this issue. First, deportation is not punishment. See American-Arab, 525 U.S. at 490, 119 S.Ct. at 947 (noting that “deportation is necessary in order to bring an end to an ongoing violation of United States law”); I.N.S. v. Lopez-Mendoza, 468 U.S. 1032, 1038, 104 S.Ct. 3479, 82 L.Ed.2d 778 (1984) (“The purpose of deportation is not to punish past transgressions, but rather to put an end to a continuing violation of the immigration laws.”). Second, detention is “necessarily part of deportation procedure” to prevent aliens arrested for deportation from hurting the United States during the pendency of their deportation proceedings. Carlson, 342 U.S. at 537-38, 72 S.Ct. 525. Third, since, “[o]f course purpose to injure could not be imputed generally to all aliens subject to deportation,” Congress has vested the Attorney General with the discretion to release an alien from detention on bond or other terms and conditions. Id. (citing United States ex rel. Zapp v. District Director, 120 F.2d 762, 765 (2d Cir.1941) (“The natural interpretation of the language used, that the alien ‘may be released under a bond,’ would indicate that the release is discretionary with the Attorney General.”)). Because the Attorney General possesses such discretion to grant or deny bail, the Supreme Court has interpreted the INA “not [to] grant bail as a matter of right.” Carlson, 342 U.S. at 540, 72 S.Ct. 525. Because release from detention during the pendency of deportation proceedings is a determination within the discretion of the Attorney General, that decision “can only be overridden where it is clearly shown that it ‘was without a reasonable foundation.’” Id. at 540-41, 72 S.Ct. 525 (interpreting INA legislative history as “emphatic in explaining Congress’ intention to make the Attorney General’s exercise of discretion presumptively correct and unassailable except for abuse.”). The alien bears “a heavy burden to establish that the Attorney General has abused [her] discretion.” Barbour, 491 F.2d at 578. B. Constitutional Review The Constitution, in particular the First Amendment and the Due Process Clause of the Fifth Amendment, places limits on the statutory authority of the Executive to detain an alien during the pendency of deportation proceedings. See Mathews v. Diaz, 426 U.S. 67, 77, 96 S.Ct. 1883, 48 L.Ed.2d 478 (1976) (finding that procedural due process protections extend even to aliens “whose presence in this country is unlawful”); Kwong Hai Chew v. Colding, 344 U.S. 590, 596 n. 5, 73 S.Ct. 472, 97 L.Ed. 576 (1953) (finding that First Amendment protections of freedom of speech and association extend to resident aliens). Although “determination and ruling by the Attorney General with respect to all questions of law [under the INA] shall be controlling,” the Attorney General’s authority and discretion remain “subject to judicial intervention ‘under the paramount law of the Constitution.’ ” Carlson, 342 U.S. at 537, 72 S.Ct. 525 (citing Fong Yue Ting, 149 U.S. at 713-15, 13 S.Ct. 1016). While the BIA refrained from addressing the purely constitutional issues Petitioner raised in his appeal of the IJ’s Bond Redetermination Decision, (see BIA Bond Redetermination Decision at 7), this Court may consider these issues on Petitioner’s challenge to the bond redetermination decision by means of a habeas corpus petition filed pursuant to 28 U.S.C.A. § 2241(c)(3). The Court may also review whether the bond redetermination decision was made in violation of the Due Process Clause. See Carlson, 342 U.S. at 542, 72 S.Ct. 525; Orozco, 911 F.2d at 541 (finding that deportable alien in custody may make statutory and constitutional challenges to detention pursuant to section 2241). V. Analysis The Court now analyzes the pivotal issue of Petitioner’s claim: whether, under the INA and the Constitution, Petitioner has been denied the right to a fundamentally fair bond redetermination hearing pending the resolution of his deportation proceedings. The Supreme Court has established a framework for determining the degree of protection the Constitution affords an alien based on: (1) the legal status of the alien; and (2) the context of the challenged government action. See Landon v. Plasencia, 459 U.S. 21, 32-37, 103 S.Ct. 321, 74 L.Ed.2d 21 (1982); Plyler v. Doe, 457 U.S. 202, 210-16, 102 S.Ct. 2382, 72 L.Ed.2d 786 (1982); see also Jean v. Nelson, 727 F.2d at 972 (“[TJhose with the status of deportable aliens are constitutionally entitled to rights in the deportation context that are inapplicable to exclusion proceedings.”). Because this framework also provides clarity to the analysis of Petitioner’s statutory claims, the Court will first analyze Petitioner’s legal status and the nature of the immigration proceeding involved. The Court will then evaluate whether: (1) the INA provides explicit or implicit authority for Petitioner’s continued detention without bond based on the introduction and reliance on classified information; (2) the use of classified information violated Petitioner’s procedural due process rights; and (3) Petitioner’s detention based on his “association” with the PIJ violates either the INA or the First Amendment. A. Petitioner’s Legal Status and the Nature of the Immigration Proceedings At the time of his bond redetermination proceedings, Petitioner was “deportable,” having conceded his deportability for having failed to maintain the conditions of his student visa. His constitutional status, in the immigration context, is greater than that of an “ex-cludable” alien, see e.g., Kleindienst v. Mandel, 408 U.S. 753, 92 S.Ct. 2576, 33 L.Ed,2d 683 (1972), and that of an alien subject to a “final order of removal,” see, e.g., Zadvydas, 185 F.3d at 289, but less than that of a “lawful permanent resident.” See, e.g.,Kwong Hai Chew, 344 U.S. at 592, 73 S.Ct. 472. Cf. Wong Wing v. United States, 163 U.S. 228, 237, 16 S.Ct. 977, 41 L.Ed. 140 (1896) (noting that powers of federal government with regard to aliens are more limited outside the context of regulating exclusion of persons from the United States). Second, Petitioner challenges not the initial decision to detain him on the issuance of the order to show cause, but rather the IJ’s use, subsequently sanctioned by the BIA, of the classified information in redetermining his custody without bond. (See Pet.Mem. in Opp’n at 11-12 (asking Court “to assess the legality of the process that has been accorded to [Petitioner]”).) Petitioner does not allege, nor has the Court seen any evidence, that the initial decision by the INS to detain Petitioner was based on classified information. Accordingly, the Court directs its inquiry and the fashioning of any remedy toward the bond redetermination proceedings before the IJ and the BIA. Third, Petitioner’s challenges arise in the context of bond redetermination proceedings, which are entirely separate from deportation proceedings. Compare 8 U.S.C.A. § 1252(a) (providing for arrest and custody and review of determination) with 8 U.S.C.A. § 1252(b) (explaining proceedings to determine deportability); see 8 C.F.R. § 3.19(d) (1995) (“Consideration by the Immigration Judge of an application or request of [an alien] regarding custody or bond under this section shall be separate and apart from, and shall form no part of, an deportation hearing or proceeding.”); see also Gornicka, 681 F.2d at 505; Part III.A.1, swpra. Accordingly, the Court does not base its ruling on the deportation hearing transcripts submitted by either party. It is in this landscape that the Court shall determine whether, under the INA prior to AEDPA and IIRIRA and under the Constitution, the IJ and the BIA may determine that a deportable alien shall not be released from custody during the pen-dency of his deportation proceedings on the basis of classified information relating to his “association” with a foreign terrorist organization. B. Petitioner’s Continued Detention without Bond Based on Review of Classified Information Does Not Violate the INA. Petitioner first argues that the IJ lacked statutory authority to consider classified evidence at his redetermination hearing and consequently to continue to detain him in reliance on that evidence. {See Pet. Mem. in Support at 10.) Petitioner does not challenge the Attorney General’s discretion, in general, under the INA to continue an alien’s custody during deportation proceedings on a properly-made determination that his release would pose a threat to the national security of the United States. See Carlson, 342 U.S. at 541-42, 72 S.Ct. 525. Petitioner does challenge, however, the manner in which the IJ made that determination with respect to his custody. {See Pet.Mem. in Opp’n at 11.) Specifically, Petitioner argues that the INA provides neither express nor implied authority for the use of classified information in a bond redetermination hearing. 1. Express Statutory Authority As set forth above, INA § 242(a), 8 U.S.C.A. § 1252(a), governs Petitioner’s detention and vests the IJ and the BIA, acting on behalf of the Attorney General, with discretion to review an initial custody decision and to determine whether to continue custody or release the alien on bond or conditional parole. See INA § 103(a), 8 U.S.C.A. § 1103(a); 8 C.F.R. § 3.1(d) (1995). Congress did not provide in the INA specific statutory standards governing bond determination and did not restrict the considerations which may be relied upon or the procedure by which the discretion should be exercised. Cf. Jay v. Boyd, 351 U.S. 345, 354, 76 S.Ct. 919, 100 L.Ed. 1242 (1956) (finding that “Congress did not provide statutory standards for determining who, among qualified applicants for suspension [from deportation], should receive the ultimate relief’ but left decision to “sound discretion of the Attorney General”). Notwithstanding this lack of congressional guidance, however, INA § 242(a) has not been interpreted to require detention of all deportable aliens during deportation proceedings, but rather only those deemed to be a threat to national security or a poor bail risk. See Patel, 15 I & N Dec. at 667; see also Flores, 507 U.S. at 295, 113 S.Ct. 1439 (citing Patel, 15 I & N Dec. at 667, as limiting Attorney General’s discretion to detain aliens during deportation proceedings); Carlson, 342 U.S. at 542, 72 S.Ct. 525 (finding refusal of bail not arbitrary or capricious “where there is reasonable apprehension of hurt from aliens charged with a philosophy of violence against this Government”); Matter of Andrade, 19 I & N Dec. 276, 277 (BIA 1977) (citing Patel, 15 I & N Dec. at 667). When considering a request for redeter-mination of custody status, the IJ may, pursuant to regulations, base his or her determination on “any information that is available” or that the alien or the INS has presented to him. 8 C.F.R. § 3.19 (1995). Neither the statute nor the regulations, however, mention the use of classified information in making this redetermination. Compare 8 C.F.R. § 3.19 (1995) with 8 C.F.R. § 244.3 (1952) (providing that BIA may use confidential information in ruling on applications for suspension of deportation upon determination that “disclosure of such information would be prejudicial to the public interest, safety or security”) (cited in Jay v. Boyd, 351 U.S. at 347-48, 76 S.Ct. 919). Therefore, the Court finds that INA § 242(a) does not provide express authority for an IJ to introduce and rely on classified information in a bond redetermination proceeding involving a deportable alien. 2. Implied Statutory Authority In the absence of express authority in the INA for the introduction and use of classified information in Petitioner’s bond redetermination proceeding, the Court must determine whether the INA provides implied authority for such use. To make this determination, the Court will: (1) examine the Fifth Circuit's decision in Barbour, 491 F.2d 573, which addressed the use of classified information in bond redetermination proceedings; (2) consider Petitioner’s statutory construction arguments; and (3) assess whether, if the INA provides implied authority, Respondents acted within the scope of this implied authority with respect to Petitioner’s bond redetermination proceedings. a. The Barbour Decision The Fifth Circuit addressed whether the INA provides statutory authority to use classified information in a bond redetermi-nation hearing in Barbour 491 F.2d at 577-78, a decision which operates as binding authority on this Court. The INS took Barbour, a deportable alien in proceedings but not yet subject to a final order of deportation, into custody and detained him without bond on the grounds that he was a poor bail risk. Id. at 575. Barbour appealed this determination to a Special Inquiry Officer, who denied release on bond. Id. A second Special Inquiry Officer reconsidered and affirmed Barbour’s detention. Id. Barbour thereafter appealed to the BIA, and, while the case was under advisement, the INS provided the BIA with correspondence, including classified information, from the State Department recommending that he not be released on bond. Id. After reviewing this new information, including the classified information, the BIA held that Barbour’s release from custody would endanger the national security of the United States. Id. In his habeas corpus petition, Barbour challenged the BIA’s statutory authority to consider classified information in determining custody as well as the constitutional authority to consider classified information ex parte without his having an opportunity to refute it. Id. at 578. The Barbour court reached only the statutory argument, interpreting INA § 242(a) as permitting the Attorney General to grant or deny release on bail “on the basis of confidential information, the disclosure of which would be prejudicial to the public interest, safety or security, if the use of such information is sanctioned by regulations.” Id. at 578. The regulation applicable to Barbour’s bond redetermination provided that the determination of custody status “may be based upon any information” available or presented by the alien or the INS. Id. 0quoting 8 C.F.R. § 242.2(b) (1973)). The court interpreted this regulation to permit the special inquiry officer and the BIA to base the decision as to bond on any information available, including classified information. See Barbour, 491 F.2d at 578. After reviewing the classified information itself in camera, the Fifth Circuit held that the BIA’s review of and reliance on the classified information in making the bond determination was within the statutory authority granted by the INA. Id. Therefore, the court concluded that the BIA’s determination that Barbour should remain in INS custody on the grounds that he was a national security risk was not an abuse of discretion. Id. at 577. The Barbour court thus interpreted INA § 242(a) to provide implied statutory authority for the introduction and use of classified information in a bond redetermi-nation proceeding, predicated on a two-part finding that: (1) the disclosure of the classified information would be “prejudicial to the public interest;” and (2) the regulations “sanction” the use of such information. Id. at 578; cf. Jay v. Boyd, 351 U.S. at 358, 76 S.Ct. 919 (interpreting INA to permit suspension of deportation decisions based on classified information where regulations limited use of such information to instances where disclosure “would be prejudicial to the public interest, safety, or security”). b. Petitioner’s Statutory Construction Arguments Petitioner argues against finding an implied authority in the INA to use classified information in bond redetermination proceedings, first citing the “ ‘settled doctrine that deportation statutes must be construed in favor of the alien.’ ” (Pet.Mem. in Support at 14 n. 7 (citing, inter alia, I.N.S. v. Cardoza-Fonseca, 480 U.S. 421, 449, 107 S.Ct. 1207, 94 L.Ed.2d 434 (1987), and Lennon v. I.N.S., 527 F.2d 187, 193 (2d Cir.1975)).) In Jay v. Boyd, however, the Supreme Court found this argument did not require the Court to depart from the “clear meaning” of the INA to permit the use of classified information in the context of suspension from deportation. 351 U.S. at 357-58 & n. 21, 76 S.Ct. 919. Similarly here, this Court will not depart from the language of the INA and the regulations permitting the IJ to rely on “any information” in a bond redetermination proceeding, subject to the limitations on that authority explained in Barbour. See Barbour, 491 F.2d at 578; see also Jay v. Boyd, 351 U.S. at 357-58, 76 S.Ct. 919 (construing INA and regulations to permit decision as to suspension of deportation on the basis of classified information “at least when such action would be reasonable”). Petitioner argues further that the absence of express statutory language permitting the use of classified information should be interpreted to preclude such use in a bond redetermination hearing. {See Pet.Mem. in Support at 13 (citing Cardozar-Fonseca, 480 U.S. at 432, 107 S.Ct. 1207).) This argument, however, is also foreclosed by Jay v. Boyd, 351 U.S. at 359, 76 S.Ct. 919. There, the Supreme Court ruled that although an alien in deportation proceedings enjoys constitutional protections that “may militate against constrding an ambiguous statute as authorizing the use of confidential information in deportation proceedings,” this rule of construction does not apply to a deportable alien seeking relief that the Attorney General has discretion to grant. See Jay v. Boyd, 351 U.S. at 359, 76 S.Ct. 919. Petitioner is also a deportable alien who, although entitled to certain constitutional protections, see Part V.C, infra, is not entitled to release on bond pending resolution of his deportation proceedings as a matter of right. See Carlson, 342 U.S. at 540, 72 S.Ct. 525. Here, the classified information was introduced and relied upon solely at the bond redetermination proceeding. Therefore, the Court finds that the absence of express language in the INA or the regulations did not preclude the introduction of or reliance on classified information. See Jay v. Boyd, 351 U.S. at 359, 76 S.Ct. 919 (distinguishing constitutional protections afforded to deportable resident alien from statutory constraints on Attorney General’s authority to use classified information). Finally, Petitioner argues that because other provisions of the INA permit the use of classified evidence in immigration proceedings, the Court should interpret INA § 242(a) to preclude introduction of classified information in bond redetermination proceedings. Petitioner points to: (1) section 1225(c), providing for the use of classified evidence to exclude entering aliens; (2) section 1229a, providing for the use of classified evidence to oppose an alien’s application for discretionary relief from a final order of removal; and (3) sections 1531 et seq., providing for the use of and establishing procedures for introducing classified evidence to determine the de-portability of alien terrorists. (See Pet. Mem. in Support at 11-12.) Both section 1225(c) and section 1229a, however, were enacted pursuant to IIRI-RA and therefore, as explained above, do not apply to Petitioner’s bond redetermi-nation. See Part III.C., supra. In addition, Congress created the ATRC as part of AEDPA, with the purpose of establishing procedures “to permit the use of classified information in appropriate cases to establish the deportability of an alien terrorist.” H.Rep. No. 104-518, reprinted in 142 Cong.Rec. H3305-01, H3334 (daily ed. Apr. 15, 1996). These procedures became effective on April 24, 1996, see AEDPA § 401(f), after Petitioner conceded his de-portability at a hearing before the IJ on February 8, 1996. Petitioner’s concession obviated the need for the INS to seek a determination that Petitioner was deport-able or subsequently invoke the ATRC procedures as to him. Since the ATRC procedures did not govern Petitioner’s deportation proceedings, the Court declines to draw any inference that they effect the interpretation of the statute and regulations governing his bond redetermination. See Part III.B.2, supra. Accordingly, the Court finds that the theories of statutory construction advanced by Petitioner do not preclude an interpretation of INA § 242(a) to provide implied authority for the introduction of and reliance on classified information in a bond redetermination proceeding. See Jay v. Boyd, 351 U.S. at 358-59, 76 S.Ct. 919 (interpreting INA § 242(a) to permit decisions based on classified information “at least when such action would be reasonable”); Barbour, 491 F.2d at 578 (holding that Attorney General may base bond redetermination decision on classified information where disclosure of such information “would be prejudicial to the public interest, safety, or security” and use is “sanctioned by regulations”). c. Compliance with Implied Statutory Authority Under INA § 242(a) Having determined that the INA contains implied authority for the use of classified information in bond redetermination proceedings, the Court must now analyze the facts sub judice. Here, Respondents have represented to the Court that dis