Legal Commentary

Judge Rules Against Deportation of Imam

By TChris

Imam Mohammad Qatanani is fortunate that his case wasn't heard by an immigration judge selected by Monica Goodling on the basis of fealty to a right wing ideology. Alberto Riefkohl began working as an immigration judge before George Bush took office. He has a reputation for fairness. Yesterday Reifkohl denied the government's deportation request, a decision that will allow Qatanani to become a permanent resident of the United States.

Immigration authorities argued that Qatanani, the spiritual leader of the Islamic Center of Passaic County, New Jersey, failed to disclose on his residency application an arrest and conviction in Israel for assisting Hamas. Qatanani argued that he was administratively detained for three months but never convicted.

Riefkohl ruled in Qatanani's favor, essentially finding that Homeland Security had insufficient credible evidence to prove the fact of Qatanani's alleged conviction.

U.S. Immigration Judge Alberto Riefkohl took 71 pages to cover all the flaws in the case against the imam. Among them: No reliable records showing Qatanani lied in a green-card application about being detained in Israel in 1993. Conflicting, inconsistent testimony by U.S. government agents. A claim that Qatanani must be a terrorist sympathizer because one of his many brothers-in-law was a Hamas military leader. The case is laughable.

The judge found the government's "two key witnesses — both federal agents — to not be credible."

Qatanani enjoyed the support of impressive witnesses, including U.S. Attorney Christopher Christie.

"My view is he's always had a very good relationship with us, and he's a man of great goodwill," Christie said Wednesday before exchanging traditional cheek-kiss greetings with Qatanani and wishing him well.

An editorial in The Star Ledger questions the government's judgment in pursuing deportation.

Washington prosecutors, who are running this case for the Department of Homeland Security, have to understand that it destroys their credibility that a number of New Jersey's top law enforcement officials continue to say Qatanani is, and for years has been, a force for religious tolerance and understanding.

Qatanani's supporters are suspicious of the government's motives in seeking Qatanani's deportation. Says Qatanani's lawyer, Claudia Slovinsky:

"The government does not believe we can have a Muslim imam who truly is what he says and appears to be.... In addition to being a well-deserved victory, it goes beyond Dr. Qatanani, because it tells the government our judicial system doesn't rely on prejudice and discrimination, as they have urged."

The government hasn't yet decided whether to appeal. It should let the case die a just death.

Full post as published by TalkLeft on September 06, 2008 (boomark / email).