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Board of Immigration Appeals decides to reject the Government’s case in part and send it back to the same immigration judge for further proceedings.

 
Case Updates (1/5/2010) PDF Print E-mail

On September 4th, 2008, after nearly ten years of legal uncertainty, Imam Qatanani was granted permanent residency by Federal Immigration Judge Alberto Riefkohl in a courageous and unequivocal ruling, essentially repudiating the Government’s position.  The judge’s ruling vindicated the crescendo of voices in support of the Imam’s rights and was met with equally strong words from the most unexpected of sources – the major media outlets of the area.  As the facts (or lack thereof) of the case and the government’s attempts at fear-mongering became evident the response from the media was nearly unanimous.  No less than New Jersey’s first and second leading newspapers, the local newspaper from the Imam’s hometown of Paterson, NJ and the State’s most influential Law Journal all put pen to paper in their respective Editorial sections.  The following are excerpts from these diverse publications:

 

Newark Star Ledger: Aug 17, 2008, Lead Editorial (Prior to Verdict)

“Don’t Deport the Imam”

·          “It would be difficult to find an immigrant who has done more for his community and for state and federal authorities than Imam Mohammad Qatanani”.

·          “Federal prosecutors have resorted to trying to convict Qatanani on the basis of guilt by association”.

 

Newark Star Ledger: Sep 5, 2008, Lead Editorial (After Verdict)

“Stop hounding the imam”

·          “The federal government's effort to deport Imam Mohammad Qatanani was a serious mistake from the start. It would be foolish to compound that mistake by appealing an immigration judge's emphatic rejection of the deportation prosecution”.

 

The Bergen Record: Sep 6, 2008, Lead Editorial (After Verdict)

“Happy Ending”

·          “It is a victory for more than the imam”.

 

The Herald News: Sep 5, 2008, Lead Editorial (After Verdict)

“Beloved imam given the chance to stay”

·          “He's championed comity among the various religious communities of Passaic County. A man of peace and moderation, Qatanani's life and his work here could be symbolized by an olive branch”.

 

New Jersey Law Journal: Sep 29, 2008, Editorial (After Verdict)

“Security vs. Liberty

·          “Our government has been engaged in a profound struggle to find the right balance between two essential and sometimes competing interests – the interest in ensuring our national security and the interest of protecting the individual liberties and civil rights that define our democracy. The Department of Homeland Security’s effort to deport Dr. Qatanani is a disappointing example of the government getting it wrong”.

·          “We question the government’s decision to prosecute.  It was an unwise exercise of discretion and it reflects poorly on our government and our country.  In the spirit of bridge-building and in the interest of rebuilding trust in the Muslim community, we would urge the government to accept Judge Riefkohl’s decision and not pursue an appeal”.

 

Unfortunately, this wonderful story that can only happen in our nation has been blocked from fulfilling its rightful place in the pantheon of American justice.  On September 28, 2008, less than a month after the resounding victory earlier in the month our Government decided to fly in the face of logic and reason and appealed Judge Riefkohl’s decision that had granted Imam Qatanani and his family permanent residency.  After reviewing the Government’s appeal, the Board of Immigration Appeals decided, in early November 2009, to reject the Government’s case in part and send it back to the same immigration judge for further proceedings.  The proceedings are expected to be completed by the late spring of 2010.

 

The facts of the legal case and the Qatanani family narrative remain the same. Like tens of millions of other immigrants who have come to this wonderful land seeking freedom and opportunity, Imam Qatanani came to the United States with his wife and three young children in 1996 with the hopes of realizing the American dream.  The family has been blessed with three more American born children and has grown together and established its foundation in the historic city of Paterson, New Jersey.  

 
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