An Independent Judiciary At Work
On July 30th, 2007, we witnessed a clear example of justice and integrity by the Executive Office for Immigration Review, U.S. Immigration Court at the Krome Service Processing Center. An Imam (“Respondent”) from Egypt has been detained by Immigration and Customs Enforcement (“ICE”) since March 23rd, 2006. Originally detained in Gainesville, Florida subsequently, he was transported to the Krome Service Processing Center in Miami, Florida. He has been detained since then. He is married with four minor children who continue to reside in Gainesville, FL.
The Department of Homeland Security (“DHS”) claimed that this Imam had committed fraud and/or willful misrepresentation of a material fact in procuring a visa, other documentation or admission into the United States of other benefit provided by the Immigration and Nationality Act (“INA”) and at the time of admission was not in possession of a valid unexpired visa, reentry permit, border crossing identification card or other valid entry document.
Further, DHS claimed that Respondent had failed to prevail over evidence indicating that he was inadmissible for having engaged in terrorist activity. As DHS claimed terrorist activity, my client presented hundreds of pages evidencing his political detainment, under a system that gave him no right to a judge, jury or habeas corpus. The objective and dedicated judge in this case, Hon. Denise Noonan Slavin, after evaluating thousands of pages of evidence and countless hours of testimony, granted Respondent’s request for admission and adjustment of status and terminated proceedings. However, Respondent continues to remain detained at government’s expense, for the government has reserved their right to appeal.
Respondent had filed different immigration petitions since coming to the United States, and always making sure his immigration status was kept in good standing. There were several hearings held for Respondent and his applications for relief. He had several witnesses at his hearings, including SUNSGLOW’s Founder and President, Dr. Yassin El-Ayouty, Esq., who testified as an expert witness for the case. His testimony is applauded by Judge Slavin, stating, “The Court believes that, based on this expertise, there is more than adequate foundation for Dr. Yassin El-Ayouty’s testimony…in addition to his great body of knowledge from his education and experience.”
Respondent applied for various forms of relief, including Political Asylum, Withholding of Removal, Withholding of Removal under the Convention Against Torture and a new Adjustment of Status application in which the U.S. Immigration Court at the Krome Detention Processing Center approved, on July 30th, 2007, two years and one day after the denial of his original adjustment of status. My client was a political detainee in Egypt for two decades and continues to be a detainee in the U.S., as an immigration detainee.
This decision marks a defining point in our legal community, for it presents to us, that justice does prevail and the Rule of Law does exists, more fervently than ever, thanks to an independent judiciary. This case has been a clear illustration of the Rule of Law, which is the basis for our legal and judicial structure, and thus, should be a paradigm for our future as judges and attorneys, and for other legal systems to take into consideration.
C. Carolina Maluje, Esq.
Counsel for Respondent
SUNSGLOW, Executive Administrator
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