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Judge Rules Against Deportation of Imam

By TChris, Section Crime in the News
Posted on Sat Sep 06, 2008 at 06:24:00 AM EST
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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.

[more ...]

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.

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    Judge Rules Against Deportation of Imam | 9 comments (9 topical)

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    WTH? (5.00 / 2) (#1)
    by txpublicdefender on Sat Sep 06, 2008 at 01:05:04 AM EST
    What the heck was the government thinking when they pressed this case.  The guy has local priests, rabbis, US Attorneys, and police chiefs all vouching for his moderate views, tolerance, and assistance to law enforcement.  Just one more way I see the Bush administration is making us safer from the "evildoers."

    I have to say that it is always quite interesting when a judge makes a finding that an FBI agent's testimony is not credible and therefore will be completely disregarded.  That certainly doesn't happen everyday.  

    Working on perception (5.00 / 1) (#2)
    by Prabhata on Sat Sep 06, 2008 at 02:05:37 AM EST
    It makes a TV and newspaper headline if a cleric is deported for being a threat.  Justice is not something to be concerned about.

    An experienced immigration judge who was privy to (5.00 / 1) (#7)
    by jawbone on Sat Sep 06, 2008 at 07:32:26 AM EST
    the government's case does not agree that this man is "obviously a bad guy."  

    Do you have factual information to bring forth to support your contention?

    This comment (none / 0) (#9)
    by TChris on Sat Sep 06, 2008 at 11:47:58 AM EST
    responded to a comment that has been deleted.  TalkLeft is not a place to promote religious bigotry or to make false accusations of terrorism.

    Parent
    I was going to (none / 0) (#4)
    by Monda on Sat Sep 06, 2008 at 04:44:51 AM EST
    reply to Tchris in another thread, regarding alleged terrorists non US-citizens and Miranda rights.  But since we're here, I'll continue my dialog in this thread.
    As I said in the previous discussion my country of origin is in the frontiers of islamic world.  
    I would like to bring a personal story.  My uncle passed away at the age of 50.  Heart attack.  He left behind six children.  The rest of them continued their own path in life.  One of the girls, unfortunately, while turning to a "charity organization" (islamic)for food and clothes for her own family was introduced to the Kuran, and the faith.  Unfortunately for her, that organization was strict.  To make a long story short, she became e devoted believer, and is engaged to be married to a guy who has studied to be an imam.  
    The results?  To say the least, she can't shake hands with her male cousins, and her own brother in law.

    Do you think I want the Miranda rights be read to him?  I want to choke the life out of him and his imams, for tearing that girl from the family, and the life and the traditions of our country.  
    In a bigger picture, these extremes imams can inflict collateral damage.  In a micro-level, they can inflict personal scares and wounds and destroy human beings and the fiber of their free society.  

    Think very well before you advocate for their "rights".

    separate issues (5.00 / 1) (#6)
    by pluege on Sat Sep 06, 2008 at 07:15:47 AM EST
    the continuing human suffering and destruction caused by religious fundamentalism is completely separate from the rule of law and civil rights. Discarding the latter two as a weapon to fight religious fundamentalism is a self-defeating proposition. Exposing religious fundamentalism for the craven, destructive force that it is, is the way to fight it - not authoritarianism and totalitarianism. Substituting one bad system for another improves nothing.

    Parent
    There are fundamentalists in every religion--as (none / 0) (#8)
    by jawbone on Sat Sep 06, 2008 at 07:45:39 AM EST
    there are less orthodox as well.

    I understand the pain you feel--I lost my best friend in high school to a strict religious group which actively seeks converts. Once this friend became a convert, he renounced his entire family and I never saw him again as he went away for further education in his new religion. This, a high schooler--back in the late 50's. I still miss his friendship--I never dreadmed religion would sunder it.

    I don't understand such attitudes. But in my mother's family, a younger sister married a Catholic, tried to continue in her Methodist church, but, in that small Midwestern town, separation of the Protestants and the Catholics was to be maintained. Shunned in her own church, she left it and converted to Catholicism. This was back in the 1930's.  My mother never gave up contact with her sister, thank goodness. She was a wonderful aunt.

    I could never understand how a this could be done to someone. As I matured, intellectually I could understand such narrow mindedness, but, still, I cannot feel it in any way.

    Now, politically....  Just kidding.

    There are now some impediments to maintaining your relationship, but, please, don't give up. Accept her as she is, love her as you always have.

    Parent

    Wishful thinking (none / 0) (#5)
    by pluege on Sat Sep 06, 2008 at 07:05:53 AM EST
    it tells the government our judicial system doesn't rely on prejudice and discrimination

    that was before bushism infested every department and level of the federal government with ideologues and republican apparatchiks. The bush regime and the lapdog republican and vichy dem congress installed many hundreds of federal judges that will be inflicting their prejudice and ill-will for decades. And the republican goons aren't done dismantling justice in the US by a long shot even if Obama becomes POTUS with an all Democratic Congress. And if mccain wins in November - game over, Ingsoc rules.

    Immigration judge cronies (none / 0) (#10)
    by denise k on Sat Sep 06, 2008 at 01:34:12 PM EST
    How many (percent-wise) on the immigration bench are Bush cronies?  Is there anything to be done to get rid of them beside waiting for them to retire?  Are the cronies still being hired?  

    This is a tangential topic here, but I hope you will address it.  

    Judge Rules Against Deportation of Imam | 9 comments (9 topical)

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