The material below is an excerpt from the Canadian Inquiry (The O'Connor Report). Obviously the US not only has Arar on the no fly list still but it has a court decision saying he is a member of Al Qaeda. This decision has not been repudiated or overturned absolutely astonishing given the lack of evidence. For some reason this decision falls below the radar of almost every media source.
AMERICAN REMOVAL ORDER
The October 7, 2002 removal order for Mr. Arar indicated that, on October 1, the
INS had instituted removal proceedings under section 235(c) of the U.S.
Immigration and Nationality Act, charging Mr. Arar with being a member of a
foreign terrorist organization. The Regional Director of the INS who signed the
DETENTION IN NEW YORK AND REMOVAL TO SYRIA 155
order stated that, based on all the information, classified and unclassified,
Mr. Arar was clearly and unequivocally inadmissible for entry into the United
States, and that he was a member of a foreign terrorist organization, al-Qaeda.18
According to the order, the Commissioner of the INS had determined that
Mr. Arar’s removal to Syria would be consistent with the United Nations
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, meaning that he was satisfied that Mr. Arar would not be tortured,
apparently because of an assurance received from Syrian authorities.19
The unclassified information relied upon is described in the order. It pertains
to interviews of Mr. Arar on September 26 and 27 at John F. Kennedy
International Airport. During the interviews, Mr. Arar reportedly said that he was
a citizen of Syria and Canada, and that he had lived in Tunisia for three months.
While he denied any links to a terrorist organization, he did admit to an association
with Abdullah Almalki, which included three business dealings with him.
He also admitted having met Mr. Almalki at a restaurant (Mango’s) in October
2001 and having talked in the rain with him. Finally, he admitted knowing
“Ahman El-Maati.” Clearly, the unclassified information falls well short of establishing
that Mr. Arar is a member of al-Qaeda. If there is information supporting
that conclusion, it must be classified.
The order states that a detailed discussion of the classified information relied
upon is contained in a separate addendum. That addendum has not been disclosed
and there is no way of knowing for certain what information it contains.