TAMPA - A 32-year-old Iranian man sued the federal government Tuesday, claiming he has been detained in a Manatee County jail for nearly a year with no criminal charges and no bond hearing.
Masoud Hosseini, of St. Petersburg, is seeking release from jail or at the very least, a bond hearing.
"Detaining an individual without allowing him his day in court is not what our country is about, nor what our country needs in order to protect our national security," said Martin Schwartz, Hosseini's attorney.
Hosseini came to the United States in August 1995 on a student visa. In March 1999, he was arrested in California on charges of overstaying his visa and of violating his student status.
A court there released him on $25,000 bond.
Later that year, he came to St. Petersburg and married Joyce Graffouliere. Their fourth wedding anniversary is today.
The couple opened Tropicana Grocery & Produce at 1618 Central Ave. in St. Petersburg. Hosseini applied for asylum in the United States, and a hearing was held on the issue in July 2001.
On Oct. 2, 2002, a court denied the application and ordered Hosseini deported to Iran. The same day, the federal Immigration and Naturalization Service revoked Hosseini's bond and arrested him. He has been in custody in a Bradenton jail ever since.
In January, an immigration judge denied Hosseini bond, finding that he had engaged in terrorist activities through his support of two terrorist groups - the Mujahedin-e Khalq and the National Council of Resistance.
Hosseini's defense is this: He says he participated in a 1997 demonstration in Denver sponsored by the NCR, as well as another demonstration in New York in 1998.
During the New York demonstration, he sold some newspapers to help a vendor but did not realize until later the proceeds might be linked to Mujahedin-e Khalq.
Hosseini says he opposes the Iranian regime but does not support terrorist organizations as a means to overthrow it.
Tuesday's suit claims Hosseini has "never been charged with any crime in the United States," that there is "no showing" he is related to any criminal group, that he is not "a threat to society or national security" and that he has "never presented any flight risk."
It also states that Hosseini has lost 30 pounds while in custody "due to stress and anxiety" and that the incarceration has "caused a serious strain on his marriage."
Additionally, in a sworn affidavit, Hosseini's wife writes of him as a "gentle man who poses no threat to anyone."
Tuesday's suit names as defendants Attorney General John Ashcroft, Homeland Security director Tom Ridge and other federal officials.
"I am confident that if a federal court judge takes a close look at the immigration statutes, the Patriot Act and the U.S. Constitution, he shall find that Mr. Hosseini must be entitled to a bond hearing," Schwartz said.
"The point of this is that such a detention violates his rights."
