A federal judge bristled with what he called “sheer disbelief” at the government’s failure to follow his order in the case of a blind Palestinian immigrant stalled in his quest for citizenship.
U.S. District Judge Walker Miller ordered federal authorities to produce proof of an FBI background check of Colorado-based computer expert Zuhair Mahd within 10 days.
Then, Miller said, he’ll decide whether he will rule on Mahd’s long-delayed citizenship application – rather than leave it to the Department of Homeland Security.
“This man’s been waiting since 2004,” Miller said. “This man has rights.”
The federal court action Friday in Denver gave a glimpse into what have become widespread problems in the government’s background-check program for all citizenship applicants to guard against terrorism, started after the Sept. 11, 2001, attacks.
Last month, Miller ordered the government to prove why Mahd “should not be immediately naturalized.” In March, he ordered the FBI to complete Mahd’s background check within 45 days – after Mahd filed a federal lawsuit.
U.S. Attorney Troy Eid notified Miller that the check was done, with results forwarded to immigration officials, yet no documentation had been given to the court.
On Friday before Judge Miller, Assistant U.S. Attorney Elizabeth Weishaupl argued that the judge has no jurisdiction to handle this case.
“I have the jurisdiction to determine whether my order has been followed,” Miller said.
“What you are saying is: ‘You have to have a name check.’ But then there’s nothing to show whether it’s been done. … I am not satisfied,” he said.
Eid later issued a written statement: “We are confident that the FBI completed the name check within the time frame mandated by the court, and we look forward to proving this fact to the judge.”
Federal judges rarely rule on citizenship applications. In the early 1990s, that responsibility was transferred to immigration officials overseen by the Department of Justice so that courts wouldn’t be bogged down.
But now immigration cases increasingly end up back in federal court. Judges nationwide face multiplying cases filed by citizenship applicants who have passed tests – but still aren’t approved. The FBI is struggling to process hundreds of thousands of background checks.
U.S. law says immigrants who pass citizenship tests must have their cases handled in 120 days. Otherwise, applicants can go to court and ask judges to decide.
Mahd, 33, who has legally been in the U.S. for 17 years, passed his citizenship test in December 2004.
He was born blind to Palestinian refugees in Jordan, and came to the United States as a teenager with the help of U.S. officials. A computer programmer, he has worked for IBM and on government contacts, pioneering Arabic text-to-speech software.
After Mahd won his case compelling the FBI and Homeland Security to handle his application, immigration officials demanded that he provide additional documents and submit to videotaped interviews.
Mahd at first refused, saying he feared a fishing expedition. He asked agents to explain why the additional demands were legally justified.
In June, he complied and presented four years of tax records, travel documents, employment data back to 1998 and more. He still refused to be interviewed. This month, his application was denied.
Mahd has appealed that denial within Homeland Security’s immigration system.
On Friday, Judge Miller said he wanted to see certified background check results, not merely a declaration that the FBI check has been done.
If the background check involves matters of national security, Miller said, he will review the documents in his office.
Mahd, as a self-represented noncitizen, would not be able to attend that meeting.
“I’m confident the judge would evaluate this properly,” he said Friday.
Assistant U.S. Attorney Weishaupl told Miller she needed to have his request for background-check documentation in writing.
“You will note, of course, the irony of you wanting something in writing,” Miller said, assuring her it would be done in the tradition of open government.
“I have no hesitation to put my orders in writing for all to see,” he said.
Staff writer Bruce Finley can be reached at 303-954-1700 or bfinley@denverpost.com.
