Pubdate: Sun, 23 Jan 2005
Source: Wisconsin State Journal (WI)
Copyright: 2005 Madison Newspapers, Inc.
Contact:  http://www.wisconsinstatejournal.com/
Details: http://www.mapinc.org/media/506
Author: Brenda Ingersoll

MADISON MAN LOSES APPEAL TO AVOID DEPORTATION

Mirwais Ali, a Madison East High School graduate ordered deported to
Afghanistan because of a drug conviction, has lost his final appeal
and can be deported at any time, his attorney said.

Ali, 25, said he got a letter Thursday, the same day he buried his
father, from Immigration and Customs Enforcement saying he will be
removed from the United States. It gave no date, and Ali's lawyer said
federal agents could deport Ali in a month or a year.

"I guess I have to wait for that knock on the door when they come to
take me out of here," Ali said. "I haven't even started the grieving
process for my father yet."

"Of course I'm angry, but I'm more disappointed than angry, with the
legal system and immigration system," Ali continued. "I'm very
frightened."

Ali's parents fled the Russian occupation of Afghanistan for Madison
when he was 3. His mother became an American citizen in 1991,
mistakenly believing that her citizenship also conferred citizenship
on her only son. Ali, who considers himself as American as apple pie,
has lived all his life with his parents in an East Side apartment. He
knows no one in Afghanistan and doesn't speak the language.

Federal authorities began deportation proceedings against him in 2001,
after Ali's probation on a felony drug charge was revoked by a Dane
County judge. He was taken into federal custody in November 2001 and
remained there until Sept. 7, when he was released under minimal
supervision and came home to Madison.

He has been working full time at a Madison moving company and just
enrolled at Madison Area Technical College. He volunteers several
hours a week at the East Madison Community Center, and has a girlfriend.

Ali has misdemeanor convictions for retail theft, marijuana
possession, bail jumping and receiving stolen property. He had two
felony convictions: bail jumping and possession of marijuana with
intent to sell. It was the 1998 felony drug conviction that made him
deportable under immigration law.

Ali's lawyer, Chicago immigration attorney Taher Kameli, initially
argued that Ali was so thoroughly American that he would be persecuted
if sent to Afghanistan, and that his life would be in danger. An
immigration judge didn't buy that argument.

Then Ali had a stroke of luck. After news stories about his plight,
his felony drug conviction was changed March 7, 2003, by the Dane
County prosecutor to misdemeanor possession, which isn't a deportable
offense.

But the courts were unmoved. On Jan. 11, the 7th U.S. Circuit Court of
Appeals upheld the Board of Immigration Appeals' decision to deport
Ali.

"We also find that although Ali's felony conviction was vacated by the
Wisconsin state courts, it was reasonable for the Board of Immigration
Appeals to hold that Ali's vacated felony remains a felony for
immigration purposes," the appeals court said.

"There is no further appeal. The U.S. Supreme Court doesn't entertain
this kind of case," attorney Kameli said. "It's been a big battle -
expensive, time consuming, but I think the game is over."

Kameli said he has advised Ali to contact a Canadian lawyer to see if
it's possible Ali could seek sanctuary there. Ali, who has relatives
in Canada, said they plan to get in touch with an attorney this week.
Ali said it's his understanding that he will have to go to
Afghanistan, but then will be free to travel to another country.

"If somewhere besides Afghanistan accepts me, I'll go," Ali said.
"Whatever door opens up, I'll walk through it. I just want to get it
over with. It's caused three and a half years of grief and worry."

He doesn't want to leave Madison, especially now. "My mother was
diagnosed with breast cancer while I was incarcerated," he said. "I'm
being forced away from my family. I want to stay here and do good,
like I am doing. It's sad how the system works. They don't believe in
second chances." 
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