Megahed citizenship bid to get review

Megahed citizenship bid to get review
By ELAINE SILVESTRINI | The Tampa Tribune
Published: March 20, 2012
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TAMPA --

Immigration officials who have already denied the U.S. citizenship petition of Youssef Megahed were directed by a federal judge Monday to consider his bid again.

Megahed, who was acquitted on terrorism-related charges and who won the right to remain in the U.S., first applied for citizenship two weeks before he was arrested in 2007.

The Egyptian national sued U.S. Citizenship and Immigration Services in December after officials failed to act on his citizenship petition more than a year after the last of his three interviews with the agency. Federal law requires a decision within 120 days of a citizenship interview.

After the lawsuit was filed, the agency sent Megahed a 17-page denial of his petition stating he had failed to prove he was "a person of good moral character." Then the agency filed a motion asking that U.S. District Judge James Whittemore dismiss Megahed's lawsuit or remand the case to the agency for another decision.

Megahed's lawyer, Charles Kuck, opposed the motion, saying the agency was acting vindictively, had lost the right to litigate the petition and could not render a constitutionally fair decision.

On Monday, Whittemore agreed with Kuck that the agency had lost jurisdiction by delaying its decision but granted the agency's motion, sending the case back for another decision. Whittemore described the agency's previous ruling as "tentative."

"USCIS is the agency responsible for determining the issuance of immigration benefits, and USCIS is better equipped to evaluate the information in (Megahed's) application in the first instance and to develop the record," Whittemore wrote.

The possibility the agency would repeat its previous ruling "presents no reason to deny remand," the judge wrote, noting Megahed has a right to appeal any decision to the agency and, failing that, to return to court.

"It will just take longer to get a final resolution," Kuck said. He predicted the agency would issue the same ruling again, Megahed would appeal and lose and then return to federal court.

Megahed was arrested during a traffic stop in South Carolina after deputies found what they described as pipe bombs in the trunk of a car he was riding in with a fellow University of South Florida student, Ahmed Mohamed.

Mohamed, who also is from Egypt, pleaded guilty to providing material support to terrorists and was sentenced to 15 years in prison for posting on the Internet a video in which he demonstrates how to use a remote-controlled toy to detonate a bomb.

Megahed was not implicated in the making or posting of the video, and he was later cleared by a jury of weapons charges in connection with the objects in the car trunk, which the defense maintained were toy rockets.
esilvestrini@tampatrib.com (813) 259-7837

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