TRENTON, N.J. - The lengthy deportation case of an
influential New Jersey Muslim leader has been sent back to
an immigration judge for a rehearing.
In a 12-page ruling made public this week, the Board of
Immigration Appeals rejected some arguments the U.S.
Department of Homeland Security made in the case against
Imam Mohammad Qatanani, the 45-year-old spiritual leader of
the Islamic Center of Passaic County.
However, the panel also challenged some of the reasoning
that led to Judge Alberto J. Riefkohl's ruling in September
2008 granting permanent resident status to Qatanani. A
Palestinian, Qatanani lives in Paterson with his wife and
three of their American-born children. Riefkohl had
determined the government's case was weak, spurring the
appeal.
The panel recommended the judge further evaluate evidence
, which he considered questionable and accorded "very low
evidentiary weight" , that DHS obtained from Israeli
officials that the agency claimed proved Qatanani had been
convicted of charges linking him to Hamas, classified by the
U.S. government as a terrorist organization. It also said
Qatanani needs to prove he did not have links to the
organization.
"It's important to note that they did not reverse the
judge's decision, they just remanded part of the ruling,"
Claudia Slovinsky, Qatanani's lawyer, said Thursday. "The
facts remain the facts, and they were thoroughly and
extensively explored at trial by all the parties."
She said she was confident the judge's ruling would
prevail.
Harold Ort, a spokesman for the New Jersey office of
Immigration and Customs Enforcement, declined comment on the
board's decision because of the pending litigation.
Immigration officials have long sought to deport the imam
because of his alleged terrorist links.
Qatanani first came to New Jersey on a religious visa in
1996 to serve as imam of the Paterson mosque. He soon became
one of the state's most prominent Muslims. But his 1999 bid
for U.S. residency was rejected because immigration
authorities say he failed to disclose on his green card
application a 1993 arrest and conviction in Israel for being
a member of Hamas.
Qatanani has denied being a Hamas member. He said he was
never made aware of any charges against him.
At his deportation hearing, he testified that he had been
detained , not arrested , by the Israelis and subjected to
physical and mental abuse in detention.
His case has garnered widespread attention from Muslims
and law enforcement agencies working to repair relations
with the community in the wake of the Sept. 11 attacks.
Several high-ranking New Jersey law enforcement officials
took the stand during the immigration trial to praise
Qatanani as a peaceful community leader.
Aref Assaf, a mosque member and Qatanani supporter who
heads the Paterson-based American Arab Forum, had mixed
feelings on the board's ruling.
"We had hoped the decision would be completely in our
favor, ending years of agony and uncertainty for the Imam,
his family and the entire Muslim community," Assaf said.
"Notwithstanding, we remain confident of the facts that
compelled the immigration judge to render a favorable
ruling."
