Friday, August 21, 2009

Constitution upheld by Judge

This is an update from an earlier post.


An immigration judge on Friday rejected the federal government’s attempt to deport an
Egyptian immigrant who had been acquitted on charges of illegally possessing and transporting explosives.
Youssef Megahed was released after being detained as a suspected terrorist for almost five months by U.S. Immigration and Customs Enforcement, or ICE, in a politically explosive case that has pitted national security claims against charges of profiling and discrimination against Muslims.
A spokeswoman for the Justice Department’s Executive Office for Immigration Review, Elaine Kornis, indicated Friday that the government would appeal. However, ICE spokesman Richard Rocha later said the agency is reserving its right to appeal pending a review of the judge’s written opinion.
Megahed was released on his own recognizance, according to a court administrator. He needs to report once a month to a local ICE office and “not associate with known terrorists,” said Charles Kuck, the attorney for Megahed.

I'm really glad this judge had some sense. The Feds' arm (especially the INS) was getting a little long here. This man, Youssef Megahed, student at the University of Florida, had gone on a trip with a fellow student from the University. When pulled over for speeding, the police found explosives in the car. The car belonged to the other student, Ahmed Mohamed, who pled guilty in a plea agreement and is currently serving 30 years.

Megahed pled not guilty, and the jury agreed with him, finding him just a passenger in the car.

Justice had been served.

Then immigration came in to deport him, even though Megahed is a legal immigrant and his family is here. Even though the criminal justice system proved his innocence, the Feds thought they would overturn a state decision and use a legal loophole to banish this man.

Good thing we still have some federal judges with some sense. Megahed will still be watched, and will need to make sure to check all cars he gets into, but he will finally be allowed to go back to his family.

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