US Deports Al-Qaeda Associates to Pakistan
One of those removed, an admitted member of a US-designated terrorist organization in Pakistan, resided in the San Francisco Bay area. The other individual was a resident of Philadelphia who is affiliated with a sectarian militant group in Pakistan that was outlawed by the Pakistani government in 2001 due to its involvement in massacres and targeted killings there.
Khamal Muhammad, 23, a native and citizen of Pakistan, first entered the United States in December 2001 as a V-2 nonimmigrant based upon a visa petition by his mother. He subsequently took up residence in the San Francisco Bay area. In January 2004, federal agents conducted an interview of Muhammad, during which he admitted that in August 2000 he had joined the Harakat ul-Mujahidin organization. HUM was designated as a terrorist organization by the Secretary of State. HUM is regarded as a component of Al Qaeda and its leader is believed to be a close associate of Osama bin Laden.
During a subsequent interview with ICE agents, Muhammad admitted he had attended a HUM training camp where he was trained in the use of pistols, rifles and grenades.
At subsequent hearings before a federal Immigration Judge, Muhammad again admitted that he joined HUM and was trained at a camp where he learned to use weapons. He also admitted he served as an armed guard and cook for other HUM members. Muhammad withdrew all applications for legal relief from removal, accepted an order of removal, and waived all rights to appeal. Although Muhammad later attempted several legal maneuvers to prevent the deportation order, he and his attorney ultimately dropped these actions, enabling ICE Detention and Removal officers to successfully remove him to Pakistan on May 17, 2005.
The second individual removed from the United States by ICE was Hamid Sheikh, 41, a native and citizen of Pakistan, who was living in the Philadelphia area. Sheikh has claimed that he entered the United States illegally in April 1985.
In June 2003, the Philadelphia Joint Terrorism Task Force initiated an investigation of certain individuals in Philadelphia. The JTTF probe identified a local cab driver, Agha Ali Abbas Qazalbash, living in the Philadelphia area as a member of Sipah-e-Mohammed Pakistan (SMP) a militant Shia organization in Pakistan. In August 2001, the Pakistani government outlawed the SMP after massacres and killings were attributed to the group.
Sheikh was identified by the JTTF investigation as a close friend of Qazalbash. On August 15, 2003, a federal grand jury in Eastern District of Pennsylvania indicted Sheikh on one count of making false statements to federal agents regarding the whereabouts of Qazalbash. On February 12, 2004, Sheikh was convicted of the offense and he was sentenced to 16 months incarceration. Although he pleaded guilty to the criminal charge, he subsequently appealed to the Third US Circuit Court of Appeals.
Upon completion of his criminal sentence, Sheikh was transferred to ICE custody and charged on security-related grounds as a removable alien as "an alien who has engaged, is engaged, or at any time after admission engages in any other criminal activity which endangers public safety or national security."
ICE attorneys argued that Sheikh engaged in a criminal activity endangering public safety or national security by misleading and lying to federal agents for several days regarding the whereabouts of Qazalbash. Specifically, ICE attorneys argued that Sheikh engaged in an elaborate ruse by taking agents to Qazalbash's home and by maintaining the appearance that he was present in the United States, when in fact Sheikh had driven Qazalbash to purchase airline tickets for a flight to Pakistan and knew he had departed.
Under ICE's contention, Sheikh endangered public safety or national security by causing agents to mobilize nearly 50 agents in two states over the course of several days, thereby diverting them from other investigations and duties.
On January 21, 2005, a federal Immigration Judge issued an order sustaining ICE's charge of removability against Sheikh. The Judge found that Sheikh’s criminal conduct of intentionally distracting or hindering federal and state officers from performing their duties of protecting national security could reasonably be interpreted as endangering public safety or national security. On February 28, 2005, at his individual merits hearing, Sheikh withdrew his applications for relief from removal and accepted a final order of removal to Pakistan. Sheikh’s request for voluntary dismissal of his appeal to the Third US Circuit Court of Appeal was granted on April 25, 2005. ICE subsequently removed Sheikh from the country on May 17, 2005.
Sources: US Department of Homeland Security, US Department of Justice, US Department of State, National Association of Chiefs of Police
Jim Kouri, CPP is currently fifth vice-president of the National Association of Chiefs of Police. He's former chief at a New York City housing project in Washington Heights nicknamed "Crack City" by reporters covering the drug war in the 1980s. In addition, he served as director of public safety at a New Jersey university. He's also served on the National Drug Task Force and trained police and security officers throughout the country. He writes for many police and crime magazines including Chief of Police, Police Times, The Narc Officer, Campus Law Enforcement Journal, and others. He's appeared as on-air commentator for over 100 TV and radio news and talk shows including Oprah, McLaughlin Report, CNN Headline News, MTV, Fox News, etc. His book Assume The Position is available at Amazon.Com, Booksamillion.com, and can be ordered at local bookstores. Kouri holds a bachelor of science in criminal justice and master of arts in public administration and he's a board certified protection professional.