Federal immigration officials are appealing the case of a New Jersey Muslim leader who won his fight to remain in the United States, a move the leader's spokesman says may damage hard-won trust between Muslims and law enforcement. U.S. Immigration and Customs Enforcement wants the Board of Immigration Appeals to review the decision to stop the deportation of Mohammad Qatanani, a leader accused by some federal officials of having terrorist ties but praised by others as being an important ally. Qatanani, 44, won his fight to gain permanent U.S. residency in September, when a federal immigration judge determined the government's case against the Palestinian was too weak to prove he had any ties to extremist groups. The ruling would allow Qatanani and his family to remain in the country and eventually be eligible
to
apply for citizenship. Immigration authorities had sought to deport Qatanani
on grounds that he failed to disclose on his green card application an
alleged prior arrest and conviction in
Israel for being a member of
Hamas -- a group classified as
a terrorist organization by the U.S. government. Qatanani has denied being a
Hamas member and said he was detained, not arrested, by the Israelis while
traveling to his native West Bank in 1993. mmigration Judge Alberto J.
Riefkohl questioned the reliability of the records submitted by the
Department of Homeland Security purporting to show Qatanani's arrest and
conviction in Israel. The judge called the U.S. government's case against
Qatanani "patently incomplete," and found its two key witnesses -- both
federal agents -- to not be credible. ICE spokesman Harold Ort said the
agency questions the judge's decision to allow Qatanani to stay. "ICE
believes that the immigration judge made mistakes of law, judgment and
discretion," Ort said. He declined to elaborate further or provide a copy of
the appeal. Qatanani has received support from U.S. law enforcement
officials, including U.S. Attorney Christopher Christie. The 44-year-old
Palestinian has served as the imam, or Muslim religious leader, since 1996
at the mosque in Paterson, a city that is home to one of the largest Muslim
populations in the region. Qatanani supporters said the government's
decision to appeal was being seen as more than just a procedural court
filing. "We hoped they wouldn't pursue this case, as a gesture of good will,
and because of the important need to reconnect with our community and build
trust again," said Aref Assaf,
a member if the group Americans 4 Qatanani, which supported the imam's
immigration fight. "It seems that there has been a political decision at a
higher level to pursue this case, and they continue to persecute -- not just
prosecute -- our community and our leader." Assaf said word of the appeal
was spreading quickly to mosque members through e-mails, phone calls and
word-of-mouth, and that an announcement would be made to the mosque members
who attend Friday prayer services. "We thought it was only a case against
the imam," Assaf said, "but now we're seeing it as a case against the
community and all Muslims."