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Steven Emerson,
Executive Director
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December 7, 2016
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DHS:
Hamas-Tied NJ Imam Must Prove Why He Shouldn't Be Deported
by John Rossomando • Dec 7, 2016
at 11:09 am
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Evidence being used against him in the Department of Homeland Security's
effort to deport him is the product of torture and is not credible, a
Hamas-connected imam testified Tuesday in a Newark, N.J. immigration court.
Mohammad Qatanani is imam at the Islamic Center of Passaic County.
Immigration officials have been fighting to deport him since 2006, alleging
he failed to disclose connections with Hamas when he applied for permanent
residency. When he came to the United States 10 years earlier, he claimed
he had never been arrested or belonged to any terrorist groups.
That history makes Qatanani subject to deportation, DHS says.
Tuesday's hearing centered on Qatanani's October 1993 arrest and
conviction by an Israeli military court on charges he provided support to
Hamas. He claims Israeli authorities detained him and never charged him.
"No lawyer prior to 2008 ever told me that I had a
conviction," Qatanani said.
U.S. Immigration Judge Judge Alberto Reifkohl ruled in 2008 that the bulk of the evidence and
testimony introduced by the Department of Homeland Security was not credible and granted Qatanani permanent residency,
better known as a "green card."
The Justice Department's Board of Immigration Appeals sent the case back
to Reifkohl in October 2009, finding that he erred rejecting the credibility of evidence and
government testimony.
In addition, DHS attorneys bolstered some of the evidence obtained from
Israeli officials, including two confessions which include statements
Qatanani made about his Hamas connection. Three additional witness
statements came from people who told Israeli officials that Qatanani
recruited them to join Hamas
Qatanani claims he never was given translations of the Hebrew-language
Israeli court records and never knew what they alleged. "There is no
confession to my understanding" Qatanani said Tuesday.
He also disputed that the signatures on the documents were his, saying
instead they were "similar" to his signature. DHS evidence was
able to match the fingerprints on the documents to Qatanani.
He claims he was mistreated in Israeli custody, but never signed any
documents he thought were confessions, describing them as "finishing papers."
The legal standard in immigration court is less stringent than a
criminal conviction. This means DHS only needs to show that Qatanani had
associations with Hamas that he hid on his visa application. Under
immigration law, the Qatanani has the burden of proof to show he is not a
terrorist, said Department of Homeland Security Deputy Chief Counsel Chris
Brundage.
It's impossible for Qatanani to get around the fact he lied when he said
he never had been arrested, Brundage said.
No ruling was issued before the hearing recessed. It is scheduled to
resume next month.
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