Immigration Courts and the War on Terror
[Guest post by DRJ]
Mohamad Kamal Elzahabi, 44, from Lebanon is being held in El Paso by immigration pending a deportation hearing. The Houston Chronicle reports the following government allegations regarding Mr. Elzahabi:
“Elzahabi came to the United States in May 1984 on a student visa, with plans to enroll in English as a second language classes at the University of Houston.”
He “entered into a sham marriage with a Houston exotic dancer and drug addict in 1984 to obtain legal permanent residency, also referred to as a green card. Officials say he promised Kathy Ann Glant, a waitress and dancer at the Pink Pussy Cat club, $5,000 to marry him.”
He has never faced charges of terrorism or committing violent acts but he was “arrested in May 2004 in Minnesota on a material witness warrant in a terrorism investigation. Before his arrest, he voluntarily underwent 17 days of questioning by FBI agents.”
He was convicted of possessing fraudulent immigration documents by a federal jury in August 2007 and turned over to ICE custody.
He has admitted “attending a jihad training camp, being a sniper in Afghanistan and helping train a group seeking to overthrow the Lebanese government.”
Elzahabi has already been convicted of possessing fraudulent immigration documents but we may have to wait to see if the remaining claims will be proved in an immigration hearing. (I think the standard of proof is lower than in a criminal proceeding — see, for instance, this article about Sami Al-Arian.) If this is representative, U.S. immigration courts could end up as the front line in the American legal war on terror.
Don’t you wonder how many Elzahabis there are in America … and how many more there may be after the GTMO detainees have their day in court?
— DRJ
Exotic dancers may wind up a first line of defense.
Mike K (2cf494) — 12/28/2008 @ 4:03 pmOur ineffective justice system and government is our own worst enemy.
Stan (7cfd24) — 12/28/2008 @ 4:22 pmFour years later, and this guy is still here?
Another Drew (wwbkaADitcy) (d8d174) — 12/28/2008 @ 4:34 pmThis should have been dealt with under Rule 7.62!
Wait, it only costs $5,000 to get a stripper to marry you?
I’m almost there! I’ve been paying on the installment plan for YEARS!! 🙂
Scott Jacobs (90ff96) — 12/28/2008 @ 5:09 pmMaybe we’re not sending him to Lebanon as a favor to Israel.
Kevin Murphy (0b2493) — 12/28/2008 @ 5:28 pmI don’t know exactly how many years but in the 80’s there was a period in which green cards were given indefinite expiration dates. Unlike other green card holders there has been no requirement to re-register every few years. The INS is trying to change that but it is difficult to find everyone who was issued a card in that time.
voiceofreason2 (414069) — 12/28/2008 @ 5:36 pmIt is possible he was in that year group and would explain why some of his activities may have gone unnoticed for so long.
Time to play: Name that Terrorist’s Religion!
Perfect Sense (9d1b08) — 12/28/2008 @ 6:04 pmJust one more reason why Obama’s going to have serious second thoughts about closing Gitmo – can you imagine the outcry when some of these folks win their release, but their home countries want no part of their return? Howdy, neighbor!
Dmac (eb0dd0) — 12/28/2008 @ 6:14 pmThis isn’t new. A friend of mine married an Egyptian who then abandoned her once he got his papers. The FBI told her that it is a common trick and is linked to sleeper cells in the US. I suspect that we’re seeing the tip of the iceberg
Dr T (4b87fc) — 12/28/2008 @ 6:52 pmDRJ
Did he attend sniper school during the Russian/Syrian/PLO occupation of his home country Lebanon?
Was he charged with any crime against the United States?
As a Lebanese Citizen, was he trying to overthrow the Syrian and PLO backed Government Fake Lebanon Governments that ruled until just a few years ago?
We make these assumptions but we have to remember that this person was a law abiding citizen, whose race and association with others brought this scrutiny – Also these others, who have not done anything wrong have been unfairly harassed for protesting American political policies.
My reading and a research of history will tell you this guy who possibly was an american hero fighting the insurgents in that nasty war in Beirut where most of the anti Syrian government forces were also trained in Afghanistan.
But this profiling and intensive Fitzpatrickization of our US attorney system – warranted an unprecedented waste of precious anti-terrorism resources and possibly cost lives elsewhere.
All because an idiot of a prosecutor could not admit they were dead wrong
Sad.
EricPWJohnson (5a816b) — 12/28/2008 @ 6:53 pm“He was convicted of possessing fraudulent immigration documents by a federal jury in August 2007…”
Good. Now, quit screwing around and deport his ass.
We need this guy in America like we need a third eye.
Dave Surls (64bca4) — 12/28/2008 @ 7:06 pmDave,
According to this he was shooting and fighting the Russians one on one – not attending a Al Qaeda Sniper school
http://www.historycommons.org/entity.jsp?entity=mohamad_kamal_elzahabi
EricPWJohnson (5a816b) — 12/28/2008 @ 7:18 pmEric,
I made no assumptions. I specifically said the government has to prove its case, and that includes proving the details to the standard required by the court.
But we know he had fraudulent immigration documents because he’s been convicted of that, and there are allegations he entered into a sham marriage to evade deportation. If so, that’s illegal now, it was illegal in 1984, and it’s been illegal at all times in between.
DRJ (30954e) — 12/28/2008 @ 7:23 pmEric,
According to this 2005 CRS report (p. 5) on Al Qaeda, most of those who trained in Afghanistan to fight the Soviets were members of “the Maktab al-Khidamat ([Afghan] Services Office), also known as Al Khifah; many experts consider the Maktab to be the organizational forerunner of Al Qaeda.”
By the way, I read your link and it makes a strong case Elzahabi was part of a Boston sleeper cell. He also sounds a lot worse at your link than he does in the linked article in my post. That doesn’t sound like an American hero to me.
DRJ (30954e) — 12/28/2008 @ 7:36 pmDRJ
Oh so we should start sending back people – investigating them far more than we even investigated Nixon during Watergate and Clinton during Whitewater and all we had left was a statement from a criminal that she married this guy for money?
I contend that his marriage is not up to the government to declare fraudulent and find their case highly suspect of political tampering.
And the Jihad training camp he attended was to fight the nastiest of wars AGAINST THE SOVIETS and the SYRIAN PUPPETS.
Why on earth would I ever believe a story where –
A. The facts of the case are sealed
B. No one was prosecuted successfully
C. Ridge (Who was FIRED over this case) declared a major cell was broken up in Boston – it was 4 old anti soviet war comrades having dinner
D. It was reprinted from a Reprint from the same newspaper that misinformed the public about Ramos and Compean and by the Houston Chronicle – these are about the only 2 newspapers in the country that make the LAT’s look good
DRJ, don’t you find it wierd that everything was mistated in the article?
The Jiahd school was for killing the Soviets
The Sniper school was for killing Soviet Shock Troops
The Overthrowing of the Lebanon Govt was directed again against the Soviets and their Syrian Hamas loving buddies who controlled Lebanon
So all they could drag up was a (BTW was she a mental patient when they took the statement?) bitter felon divorce’s version of their marriage
America = land of the free?
EricPWJohnson (5a816b) — 12/28/2008 @ 7:41 pm“We make these assumptions but we have to remember that this person was a law abiding citizen, whose race and association with others brought this scrutiny – Also these others, who have not done anything wrong have been unfairly harassed for protesting American political policies.”
Eric – Do we know the circumstances of his arrest as a material witness in the terrorism case?
You are making a lot of references to material, trials, etc., I don’t see evidence of. Did I miss links other than the one to his profile that you provided?
What were the dates of his sniper school camp?
daleyrocks (5d22c0) — 12/28/2008 @ 7:51 pmWhen was he working to overthrow the Lebanese government?
DRJ
No the link acknowledged that he fought against the soviets. Anything else was just opinions, not proven in court. As the link stated, in fact he sent radios to anti Al Qaeda factions fighting in Afghanistan and was a sniper again against the Soviets in their atrocities Chechnya in 2004 and was readmitted to the United States and praised for his efforts.
First Sleeper cells never ever existed, ever. In any country. It was a fiction of spy writers of the cold war and movie producers.
Second, they were acquitted, embarrassed, Cheney fired Ridge.
Third, investigated to the tune of nearly 40 million, almost as much as the wrong anthrax guy.
Millions of man hours was wasted on these guys. Friends of Friends who knew some ex comrades who went over o Al Qaeda
EricPWJohnson (5a816b) — 12/28/2008 @ 7:54 pmDaleyrocks
Its confirmed that he fought the soviets in Afghanistan, Lebanon, Chechnya
He was not arrested, he attended a mosque, where th Inman is Anti Bush extemely Anti Bush.
He completely and willingly submitted to nearly 3 weeks of nonstop questioning and detention by the FBI without a lawyer.
Investigated nonstop by everyone he was a soldier of fortune from an Arab country who fought against the Soviets in three countries.
And the embarrassed bureaucracy took a statement from a homeless druggie street hooker that was married to him 25 years ago
America the beautiful
EricPWJohnson (5a816b) — 12/28/2008 @ 8:02 pm“According to this he was shooting and fighting the Russians one on one”
Sounds like a model citizen.
I don’t want jihadists in America.
Brings down property values.
“He was convicted of possessing fraudulent immigration documents by a federal jury in August 2007”
Bye-bye.
Dave Surls (64bca4) — 12/28/2008 @ 8:04 pmDave
Here is the indictment – govt lost its case
http://nefafoundation.org/miscellaneous/FeaturedDocs/U.S._v_Elzahabi_DOJPR_StmentIndictment.pdf
The Canadian Secret Service also cleared him of all charges in this matter earlier
EricPWJohnson (5a816b) — 12/28/2008 @ 8:20 pmEric,
I bet there’s a marriage certificate on file so you don’t have to take the word of a “a homeless druggie street hooker that was married to him 25 years ago.”
BTW – What’s with your comment 18 claiming she’s homeless? Was a “druggie street hooker” not enough for you? And how about your comment 15 that questions her mental status? You did this in our discussion about Ramos, too. Claiming everyone you disagree with is a mental patient is not the best tactic.
Last, I’d really like to see a link that substantiates this part of your #17:
DRJ (30954e) — 12/28/2008 @ 8:27 pmEric #20,
Those were different charges. Here’s a Minnesota report that discusses the conviction for fraudulent immigration documents.
DRJ (30954e) — 12/28/2008 @ 8:32 pmAs long as we’re engaging in ad hominem attacks,
Another Drew (wwbkaADitcy) (d8d174) — 12/28/2008 @ 8:33 pmperhaps we can put some of Eric’s over-the-top rhetoric down to too much khat?
First Sleeper cells never ever existed, ever. In any country. It was a fiction of spy writers of the cold war and movie producers.
Try reading Witness by Whitaker Chambers – you may believe differently.
voiceofreason2 (414069) — 12/28/2008 @ 8:37 pmDRJ,
Name a sleeper cell, please.
Your link is a news blurb from Action 5 news the same people who endorsed Al Franken
Mine is the Federal indictment from the US attorney for Minnesota
Result = he lost his case and opened another on the word of a druggie homeless street hooker
BTW Al Qaeda furnished most of the insurgents against the soviets.
EricPWJohnson (5a816b) — 12/28/2008 @ 8:43 pmEric,
Here’s the government’s sentencing memorandum regarding the Elzahabi conviction.
DRJ (30954e) — 12/28/2008 @ 8:48 pmI would think that his actions in 1988 & 1989, and subsequent related activity, would have been in violation of any immigration status he had established in 1984. He should never have been allowed re-entry into the U.S.
Another Drew (wwbkaADitcy) (d8d174) — 12/28/2008 @ 8:50 pmDRJ, AN’DREW
The sentencing memorandum clearly proves my position that the US Attorney of Minnesota has no real clear knowledge of the Afghan war, Chechnya, who ruled Lebanon during the 90’s and the turn of the century
This seemed to be the resume for RAMBO not for Bin Laden – who – BTW was not in charge of AL Qaeda when this guy was training and fighting with them
EricPWJohnson (5a816b) — 12/28/2008 @ 8:59 pmEric,
I understand the point you are trying to make: We don’t know exactly what Elzahabi did and he may have helped our friends in the 1980s. I have two problems with this. First, the standard of proof we will probably use from a terror standpoint is something less than the criminal law standard. In fact, it may be the standard used in immigration proceedings as illustrated by this case.
Second, there is more than just his conduct from the 1980s and his conviction for having fraudulent immigration documents. According to the sentencing memorandum I linked above (at page 3):
DRJ (30954e) — 12/28/2008 @ 9:01 pm“BTW Al Qaeda furnished most of the insurgents against the soviets.”
Eric – If you are talking about Afghanistan you are full of shit. Native Afghans provided the bulk of the fighters. Al Qaeda wasn’t even formed until the Soviets has almost left. Bin Laden supported a group that recruited foreign fighters for Afghanistan. The estimates I’ve seen showed 250,000 Afghani fighters, versus no more than 2,000 foreign fighters at one time, 35,000 over the course of the war.
daleyrocks (5d22c0) — 12/28/2008 @ 9:02 pmEric, none of this matters if he is in violation of his immigration status.
Another Drew (wwbkaADitcy) (d8d174) — 12/28/2008 @ 9:04 pmYou have to remember that immigration matters do not neccessarily follow all of the jots and tittles of the Criminal Justice System.
You do not have a Constitutional Right to enter the United States,
and once here, violations of immigration status are subject to deportation –
it’s almost like being a convict on parole, there are a whole bunch of rights that don’t apply.
“Here is the indictment – govt lost its case”
Eric – Where is a link showing the government lost the case? Why did they lose it?
daleyrocks (5d22c0) — 12/28/2008 @ 9:08 pmHere’s a link to the government’s trial brief. It’s a brief so it’s just one side’s version, but it’s pretty interesting – especially about his marriage.
DRJ (30954e) — 12/28/2008 @ 9:15 pmThis August 2007 article summarizes some of the trial testimony.
DRJ (30954e) — 12/28/2008 @ 9:18 pmDaleyrocks
The govt admitted he fought against the soviets in its memorandum – if the FBI and the US attorney and I (just kidding) are saying the same thing then I guess its a fact –
Also Al Qaeda is from 5 tribes 3 who controlmajor parts of Afghanistan, one who control big factions of the Sunni in Iran, and One who controls the north West of Pakistan.
I know its confusing but we must remember that the British and the French drew the modern boundaries of the Arab world with no regard to tribal loyalties and history but more akin to resource divisions
Another Drew
No the government in its memorandum clearly used a statement that had no bearing on the case it brought against him.
First the charge was never investigated, after being wrongfully imprisoned for three years facing life in prison – he was coerced into giving a statement.
Read the memorandum
He fought in the Civil war against the Syrians – Remember Al Qaeda for good or bad were and still are deadly enemies of Syria who was brutalizing his native country
However the brain surgeon from Minnesota feels that killing Syrian Russian shock troops is an act of terrorism is beyond me
He fought in Chechyna against the soviets at the same time relations with Russia were about to end when Bush and Rice condemned roundly the Russian atrocities in Chechyna.
They refused to acknowlege that he was fighting the soviets in Afghanistan when he clearly was.
Where is there a single documented fact in the memorandum that he was a terrorist? – he was indicted and found NOT GUILTY on all counts, so everything the US attorney alleged in the case must be discounted.
This was wrong on soo many levels – he was a law abiding resident for 25 years
EricPWJohnson (5a816b) — 12/28/2008 @ 9:20 pmA sham marriage and fraudulent immigration documents is not my idea of a law-abiding resident. That he may have helped terrorists while he lived in the US doesn’t help either.
DRJ (30954e) — 12/28/2008 @ 9:28 pmIf he is violation of his immigration status, he is – by definition – not law abiding;
just as a convict on parole is in violation of his status if he associates with other known criminals,
or is in possession of a firearm, or ammunition for a firearm.
BTW, AQ is a construct of the radical movements found in the Egyptian academic world, and has nothing to do with the tribal structure in Afghanistan. You are confusing AQ with the Taliban (students), which is a political construct founded (or facilitated) by the Pakistani ISI within the dominant Pathan (Pashtun) tribal structure that dominates Eastern Afghanistan/Western Pakistan.
Another Drew (wwbkaADitcy) (d8d174) — 12/28/2008 @ 9:31 pmDRJ
Interesting
Never really confessed to marrying her for greencard – alsoFrom the other side:
4 years – interesting long time for a sham marriage….
Its interesting that the US Attorney did not include the divorce proceeding in this
EricPWJohnson (5a816b) — 12/28/2008 @ 9:32 pmEric, this is not a very strong horse to ride.
Another Drew (wwbkaADitcy) (d8d174) — 12/28/2008 @ 9:32 pmIt will only end up at the glue-factory.
I think Elzahabi was tried and convicted in August 2007 in a Minnesota federal district court on charges he used fraudulent immigration documents based on a sham marriage. The link states there were also two counts of lying to the FBI still pending as of October 2007.
However, the sentencing memorandum (page 3, footnote 1) states those charges would be dropped as a part of Elzahabi’s sentence for his conviction on the fraudulent immigration charges. I can’t find any court documents or report that shows Elzahabi was found not guilty of other charges, unless it’s in the link Eric provided above.
DRJ (30954e) — 12/28/2008 @ 9:40 pm36
you and I and the government have no proof of that none whatsoever
may? may is the new preponderance of evidence?
We May? hold these truths to be self evident?
This is not the legal standards that surely created the greatest nation on this earth?
EricPWJohnson (5a816b) — 12/28/2008 @ 9:41 pmEric,
You’re cherry-picking the article. For instance, you omit the testimony that they never lived together and only had one sexual encounter that occurred when Elzahabi thought he was being investigated by immigration authorities, and he paid her for that encounter. But the real point is that the jury found him guilty of engaging in a sham marriage.
Aren’t you the fellow that thought it was important the jury found Ramos and Compean guilty? I accepted that guilty verdict and you need to accept this one.
DRJ (30954e) — 12/28/2008 @ 9:43 pmDRJ
Yeah the FBI and the US Attorney just deported perhaps the best Arab sniper in the world instead of keeping him for 25 years to life for aiding Al Qaeda?
Believe me if he was this bestest of bestist best sniper trainer Al Qaeda suckup buddy – he would have never come to trial never been seen IMO.
When I was at the DA’s office this is called plea bargaining which US attorneys rarely do after or during a trial, only before it.
If the DA did not try him – he’s not guilty. There is no deviation from that fact
EricPWJohnson (5a816b) — 12/28/2008 @ 9:47 pmComment by DRJ — 12/28/2008 @ 9:43 pm
Touche’!
Check, and Mate!
Game, Set, Match!
When is it you’re going to form that exploratory committee for the run for DA?
Another Drew (wwbkaADitcy) (d8d174) — 12/28/2008 @ 9:47 pmI’m in!
Eric is starting to get just a little incoherent here.
Another Drew (wwbkaADitcy) (d8d174) — 12/28/2008 @ 9:48 pmDRJ
Thats not factual evidence thats hearsay printed in a newspaper – the El Paso Newspaper originally had two people running from Compean firing automatic weapons at him and that Ramos was the Border Patrolmen of the year (in fact he was almost dismissed for lying to the Patrol)
Lets get down to it DRJ,
The government had him in prison without charges for 3 years – the Canadians had already cleared him – something the US attorney forgot to mention – on the same charges
Like I’m going to believe a woman who was a stripper a druggie, a drunk, a felon, who stayed married to a guy for 4 years and never even told her family and trying to save her current marriage? You’re trying to tell me that she was telling the truth because it was the truth?
Come on, pleeease we are all smarter than this….
EricPWJohnson (5a816b) — 12/28/2008 @ 9:55 pmEric:
The standard in immigration proceedings is not as strict as in criminal court which requires “proof beyond a reasonable doubt.” One of the points of this post is that the lesser standard that applies in immigration cases might be the difference between who stays and who goes.
DRJ (30954e) — 12/28/2008 @ 9:56 pmEric,
I’m glad you have doubts about the testimony of drug addicts. If only you had the same attitude about drug smugglers.
DRJ (30954e) — 12/28/2008 @ 9:57 pmRamos and Compean were convicted on the statements of their entire unit who testified against them including 2 supervisors, 3 patrol agents (two of which saw the whole thing)
The drug runner was there to show the bullet wound – no one with a pulse in the court room had any doubt he was a criminal
Compare contrast with…
The baddest most dangerous sniper killer was convicted on the sole basis that his 25 year old marriage wasn’t perfect in a he said she said (she being a felon) in a US COURT ROOM
EricPWJohnson (5a816b) — 12/28/2008 @ 10:05 pmOh and being the most credible dangerous threat in the world the US attorney dropped the case and deported him
Man that’l show we mean business….
EricPWJohnson (5a816b) — 12/28/2008 @ 10:07 pmGood night DRJ
be safe, its the holidays 🙂
Thanks again great argument, the problem I have is many are getting restless with these long material witness’ detentions (arab associates) – aside from the typical arab hyperbole, there is some fire in their smoke.
This man is considered (maybe incorrectly) as a citizen soldier who only killed those who had it coming (soviet commanders of the nastiest sorts)
And brutal leaders of syrian secret police which nearly cost him his life.
Think how wrong we may have been in this
EricPWJohnson (5a816b) — 12/28/2008 @ 10:16 pmJust found this the US is sending him to Russia to be executed for killing soviet officers and a bull dozer driver that was burying people alive
Niiiice
EricPWJohnson (5a816b) — 12/28/2008 @ 10:26 pm“Just found this the US is sending him to Russia to be executed for killing soviet officers and a bull dozer driver that was burying people alive”
That’ll teach you to fight commies. Maybe next we can clean up some salvadorean death squads.
imdw (3dead3) — 12/29/2008 @ 5:09 amEric is starting to get just a little incoherent here.
But…he was in the DA’s office, correct?
Believe me if he was this bestest of bestist best sniper trainer Al Qaeda suckup buddy
Let’s sincerely hope he was only working in the Men’s washroom during his time there.
Dmac (eb0dd0) — 12/29/2008 @ 7:29 amKind of disappointing to find out that Eric was making it up as he went along there.
daleyrocks (5d22c0) — 12/29/2008 @ 3:22 pmDaley,
Huh?
Did you read the sentencing memorandum?
Did you read the report by the Canadian Govt?
Did you see where they cleared all of th Boston 4 and made huge payments to some of them in the tens of millions?
Did you see where the United States did confirm he fought with Al Qaeda – against the Russians and the Syrians?
EricPWJohnson (5a816b) — 12/29/2008 @ 4:25 pmComment by EricPWJohnson — 12/29/2008 @ 4:25 pm
Where was he tried by the government and the government lost, Eric, as you repeatedly asserted?
daleyrocks (5d22c0) — 12/30/2008 @ 7:54 amI’ve quoted you and [object].
Consul-At-Arms (e94aa6) — 12/30/2008 @ 9:34 pmDaley
Tried in Canada, in absentia still found not guilty
Arrested in 2004 charged not with immigration violations but charged with acts of terrorism, brought to trial in 2005, trial dropped defered to immigration court!
US ATTORNEY THEN investigated brought to trial in immigration court
When a DA holds you in prison on terrorism charges and instead tried you on a immigration charges
Everyone knows thats what?
EricPWJohnson (5a816b) — 12/31/2008 @ 3:13 pm