Reply #78: Sam Malkandi asylum hearing in Seattle 4/9 [View All]

[eridani]

Sam Malkandi has his day in court!!!
Save the date! Pack the courtroom!!!

Sam Malkandi's 9th Circuit Court of Appeals hearing on whether or not Sam should be granted asylum is coming up soon! We want to pack the court house with supporters to show the judges Sam is loved and is supported by his community and neighbours!!!

The details:

Wednesday 9 April 2008 about 11 a.m. until noonish.
1200 6th Avenue Suite 327 or 21st Floor Court room
in the Park Place Building @ Seneca.
Downtown Seattle

http://www.mapquest.com/maps/1200+6th+Ave+Seattle+WA+98101-3123/?

Court starts at 9 a.m. but Sam's case is last on the list out of 6. Sam's lawyer advises people to come at 11 a.m. at the latest. The whole process will probably end by noon.

A few thoughts and suggestions:

· Parking can be bad in Downtown Seattle. Carpool, take the bus or allow plenty of time to park.

· Get there earlier than later – due to parking, not knowing exactly when Sam's hearing is

· You may have to go through a medal detector and have photo identification to get into the building.

· Sam will not be in the courtroom.

· Bring a book, newspaper, Sudoku... The process can be long and we do not know exactly when Sam's case will be heard.

Sam's lawyer suggests everyone write Sam with words of encouragement to show him how much he is supported. He has been in detention for over 2 ½ years!!! And primarily in solitary confinement.


Sam's mailing address is:

Sam Malkandi
c/o Fed. Det. Center
Reg # 02761-461
PO Box 13900
Seattle, WA 98198-1090

Please remember all letters you send to Sam will be read by immigration authorities.


For a reminder of who Sam and the Malkandi family are and why Sam has applied for asylum, please read below.

The Family: The Malkandi family has lived in the Seattle area for most of the eight years since they were admitted to the United States as refugees They are ideal residents. Sam and Mali Malkandi work hard, attend church, have numerous friends and are well liked by many. Sam has volunteered countless hours to various non-profits and to his church. Although the family is separated, Nicole and Arvin continue to be exemplary students. Nicole is in her first year at the University of Washington and Arvin is earning 100 percent scores in his elementary school class, and he is considered an excellent reader. Both children are well liked by their peers and teachers and have been described as polite, gregarious and intelligent. Nicole and Arvin both have the potential to take advantage of the freedom that America offers and truly become exemplars of the American immigrant story.

The History: Eighteen years ago, Sam Malkandi, an Iraqi Kurd living in a Pakistani refugee camp, convinced United Nations authorities to give him refugee status to save his 1-year old daughter after living in grave danger in Iran for several years, and before in Iraq. And when U.S. government officials asked him if he'd like to come to the United States, he accepted their offer and didn't tell them about his untruths. Eight years ago, Sam, his wife Mali, his daughter Nicole and their infant son, Arvin, moved to the United States as refugees. Until recently, the Malkandi family had been living peaceful productive lives.

The Deportation: In August 2005, Sam Malkandi was civilly arrested up by the FBI and Immigration authorities and ordered to be deported. Sam has been in the Tacoma Detention Center, much of the time in solitary confinement, for over six months. Sam has only been allowed to visit with his attorney, his family and recently his Bishop.

The FBI: The FBI claims that Sam is linked to terrorism but has failed to show "evidence" or have him charged with terrorism related charges. The FBI had investigated Sam for several years. The government claims that Sam attempted to assist an al-Qaeda operative, "Khalid", to come to the United States for a prosthetic limb. Sam thought he was helping an acquaintance's friend. "Khalid" never came to the United States and has since been captured. Sam Malkandi has been civilly jailed indefinitely as guilty by association by association by association. At present, the FBI has lost interest in Sam but Sam is still in detention.

The Fear of Religious Persecution: Sam, Mali, Nicole and Arvin converted to Christianity from Islam and regularly attend church. But as converts from Islam, the Malkandis can be considered guilty of apostasy, an offense that can be punished by death. The family will most likely be persecuted as apostates in any Muslim majority country to which Sam may be deported and/or removed and/or "rendered."

The Judge's Decision: February 11, 2006, the Immigration Judge granted Mali and the children asylum in the United States. Sam Malkandi was denied granted asylum as a threat to US Security. Should this wonderful Middle Eastern American family be ripped apart? On April 9, 2008 Sam has a chance to appeal for asylum in front of the 9th Circuit Court of Appeals.

The Appeal: Sam is appealing the Immigration Judge's decision but could be deported at any time. If Sam is deported, the Malkandi family will be torn apart. Mali, Nicole and Arvin all face possible persecution if they follow their husband/father. Moreover, born in refugee camps, both Nicole and Arvin are stateless and hold passports to no country. Even if Sam is not deported immediately, he can be held in detention until his appeal goes through. This could be years. In the mean time, a family is separated and dependent upon charity.

The AACC: The Arab American Community Coalition has taken on the Malkandi family's case and is asking for support. The United States government should release Sam. He had not been charged with criminal terrorism

Devon Alisa Abdallah, Ph.D.