New filings in the citizenship battle of a blind Palestinian computer whiz show that the FBI completed its background check a year ago but that Homeland Security officials then failed to rule as required under federal law.
The government also has admitted it failed to comply fully with a federal judge’s order to turn over the FBI background check results.
U.S. District Judge Walker Miller on Thursday reordered the government to provide full results of the FBI check on Colorado resident Zuhair Mahd – to be sealed and delivered by the end of next week.
Government lawyers say the FBI never reveals background-check results whether they are positive or negative. Revealing results “may interfere with ongoing law enforcement or national security investigations or interests,” according to U.S. Attorney Troy Eid’s latest filing.
Eid on Thursday said: “The government will comply with the court order.”
Department of Homeland Security citizenship spokesman Chris Bentley declined to comment on the delays.
The case has revealed irregularities in how the government carries out security checks on citizenship applicants under a system instituted after the Sept. 11, 2001, attacks. Mahd is among tens of thousands of applicants nationwide who have passed tests but have been left in limbo.
After applying for citizenship in September 2004 and passing tests three months later, Mahd waited and waited, told by citizenship officials that the FBI hadn’t completed his background check. In May 2006, he filed a lawsuit to force action and won this year when Miller ordered the FBI to complete the check in 45 days.
Then, citizenship officials rejected Mahd’s application after he refused to submit to an additional videotaped interview.
A computer expert who pioneered text-to-speech software, Mahd, 34, is representing himself. He was born totally blind to Palestinian refugees in Jordan and came to the United States as a teenager with the help of U.S. officials. He has worked for IBM and on government contracts, living in the country legally for 17 years.
Judge Miller has asked government lawyers why Mahd shouldn’t be naturalized immediately.
U.S. Attorney Eid has argued Miller doesn’t have jurisdiction. Federal judges once handled citizenship cases, but this duty was transferred in the 1990s to the Department of Justice in an effort to unburden courts.
U.S. immigration law says, however, that if applications of immigrants who pass citizenship tests aren’t handled in 120 days, the applicants can go to federal court and ask judges to decide.
Mahd said he’s bewildered to learn the FBI check has been done for a year. He has appealed the denial.
“For all I know, they think I’m a heinous criminal or a mischievous person. I’d like to clear this,” he said.
Staff Writer Bruce Finley can be reached at 303-954-1700 or bfinley@denverpost.com.
