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Pakistan Link March 28, 2003
Pakistani Student Released:
Efforts of AMA, PADF, PAGH Rewarded
By Altaf Adam
Houston: A Pakistani student, Ahsan Farooq, returning from a visit to Pakistan on January 29, 2003, was interviewed at the Houston International Airport. It was determined that three years ago, this student had worked at an on campus job.
His University and his foreign student advisor had assured him that an on-campus job was allowed by the Immigration for students on an F-1 Visa. This information was not correct as students are not permitted to work on campus in the first year of their F-1 status.
He was arrested even though he relied on the University’s representation, had no intention of violating immigration laws, and had worked over three years ago. The INS detained him as an arriving alien and placed him in custody without bond. The student called the hotline set up by the American Muslim Alliance and the Pakistan American Democratic Forum and was lucky enough to get Ms. Samina Faheem on the other end. Ms. Samina Faheem, always ready to help, frantically started calling around and located an attorney practicing immigration and criminal law in Houston, Texas. The Pakistani student’s plight was relayed and I agreed to undertake the case at no charge as a service to the Pakistani community.
The INS position was that not only must the Pakistani student return back to Pakistan but that he would not be released on bond and not be allowed a voluntary departure. The INS wanted to deport him. The fight was whether the student will prevail in getting a voluntary departure or will the INS succeed in deporting him.
In a highly contested court hearing the student prevailed and the judge granted his request for a voluntary departure. The INS raised the stakes and informed the Immigration judge that it will appeal the voluntary departure order. My worst fears were realized. The INS was in a punitive mood. Clearly, the INS wanted to maximize the pain for the Pakistani student. The appeal would take 4-6 months to wind its way through the court and the student would remain in custody during that time. It was unnecessary and overkill. Like using a sledge hammer to kill a fly. Why should it matter to the INS? The student was ready to leave the US anyway.
While the legal fight was ongoing, I opened another channel with the INS through informal communications. For this, he and Samina Faheem recruited the President of the Pakistan Association of Greater Houston, Ghulam Bombaywala. I told Samina that “the PAGH has suddenly reversed its slow demise after the election of Ghulam Bombaywala as its president in 2003. Mr. Ghulam has surrounded himself with a very dedicated and capable team of individuals, and in just a few months it has become an organization that not only wants to help its members and the community, but has actually gotten results. They now walk the walk and talk the talk.
I, Ghulam Bombaywala and Khalid Khan managed to convince the INS to drop its potential appeal and let the student go home to Pakistan immediately. The INS, to its credit, reviewed the matter and agreed not to pursue its appeal and our son, our student, and our brother was on the plane on March 15, 2003, on his way finally to Pakistan.
There are many, many stories such as this and many times I have gone in court representing an individual with no one in Houston other than some lukewarm friends. However, in this case, something magical happened. I was no longer representing an individual alone. There was his adopted mother, Samina Faheem, who would call me everyday at my office, my cell phone, and even at my home. She would not let me forget that she cares and that I am not fighting for a statistic but for a young and scared Pakistani student.
There was the PAGH team, working the phones, letting the INS know that there is a whole community behind him. To be honest, I have never felt so proud of the Pakistani community. The strength is in getting involved, making people aware that we exist, that we care, and we are a force to be reckoned with in the US. This only comes from being organized and being united.
Let me tell you something about the Pakistani student. I visited him at least four times in custody, and we went to court two times. He did not whine or complain once. In my practice, I have never met an individual who was so pragmatic and focused. His family was worried and emotional, but this kid had Chutzpah. If this is the future of Pakistan, then Pakistan has nothing to be worried about. I salute him and I know our paths will cross again under much, much better circumstances.
And now, maybe, just maybe, Samina Faheem will stop calling me and let me peacefully work on some other cases.
[Ms. Samina Faheem, the former National Coordinator of the American Muslim Alliance and Coordinator of the AMA/PADF Hotline is now the Executive Director of the American Muslim Voice.]
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