Deportation case of N.J. Muslim cleric is sent back to immigration judge for rehearing

November 06, 2009, 5:33AM

TRENTON — 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.

Tony Kurdzuk/The Star-LedgerImam Mohammad Qatanani waves to his supporters on Broad St. from the Rodino Federal building acros the street in 2008.
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."


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