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FEBRUARY 2020

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Assalamu'alaykum John,

Among the earliest practitioners of Islam in this country were of
African descent, and their history is intertwined in the story of
American Muslims then and now. During Black History Month, we celebrated
the culture and contributions of African Americans, and remembered the
people and circumstances that shaped the civil rights movement. While
some progress has been made since then, tensions in race relations are
far from over, and we find parallels in the struggles faced by many
minorities today.

African Americans were among the first to be targeted by FBI
surveillance programs. Their communities were infiltrated by informant;
their leaders harassed and vilified. To this day, they
disproportionately represent the inmate population in American prisons.
They are subjected to double standards in the streets and in the courts
of this country - all because of the color of their skin.

The heroes we celebrate today - among them Martin Luther King, Jr.,
Malcolm X, and Muhammad Ali - were at one time viewed as villains, spent
time in jail, and endured hardships in their public and private lives.
And yet, they rose above adversity to spread messages of justice,
equality, activism, and unity. They are remembered now for their words
and actions, but these came at great cost to their families, their
careers, and in some cases, their lives.

We honor their struggles, their triumphs, and their memories by
recognizing the truth, embracing our shared humanity, and continuing the
pursuit of an America that upholds justice for all, regardless of
ethnicity, religion, or identity.

In faith and for justice,

 

 

Case Closed

 

 

United States of America v. Hamid Hayat
Last Eid, MLFA beneficiary Hamid Hayat was released from prison after
serving nearly 14 years of a 24-year sentence behind bars. Since that
time, he had been patiently waiting, under strict release conditions
such as monitoring and curfews, for the government's next move. After
delay upon delay, the government finally filed their decision nearly 6
months later: they would not seek retrial of his controversial 2006
terror conviction, thereby officially dismissing their case against him.

This means that Hamid Hayat is officially a free man.

MLFA provided critical assistance by funding legal expenses related to
his appeals, which ultimately secured his freedom.

In a statement, Mr. Hayat's attorney, Dennis Riordan, said: "Two federal
judges have concluded that Hamid would not have been found guilty had
the powerful evidence of his innocence that won his freedom in 2019 been
presented to his jury in 2006. While we are grateful for the dismissal,
the 14 years Hamid spent behind bars on charges of which he was innocent
remain a grave miscarriage of justice. They serve as a stark example of
how, in the post 9/11 era, the government's effort to protect the
public from terrorism could and did in this case go terribly wrong.
Hamid's exoneration is a cause for celebration, but the story of his
case is tragedy that must not be repeated."

Hamid may no longer need MLFA's services - in an ideal world, no one
would. Until then, MLFA will continue to fund the work that makes
justice possible.

 

 

Case Update

 

 

Haisam Elsharkawi v. United States of America, et al

Earlier this month, CLCMA attorneys filed a brief in the Ninth Circuit
on behalf of client Haisam Elsharkawi, challenging the dismissal of his
constitutional and statutory claims against DHS, CBP and individual
officers. CLCMA first filed suit on behalf of Mr. Elsharkawi in 2018,
alleging violations of his rights when he was detained, handcuffed and
searched for several hours at LAX airport, on his way out of the country
for Umrah.

CLCMA won a monetary judgment for Mr. Elsharkawi on his tort claims of
false imprisonment, battery, negligence and intentional infliction of
emotional distress when the government made an offer of judgment for the
full amount he sought on his tort claims, after the court had denied the
government's motion to dismiss those claims.

In the most recent appeal to the Ninth Circuit, CLCMA attorneys point
out that the issues in this case "center on the privacies of life"
and the rights of each citizen to protections from unlawful detention,
searches and seizures, including protections from searches of
electronics and cell phones without reasonable suspicion. "[...] it was
while still in the boundaries of the United States that his civil rights
were violated," his attorneys argued. "And, ever since, he fears the
same violations may happen any time he travels again."

While the monetary judgement is a welcome victory, the aim of this next
step is to get policies like those at the CBP and TSA changed. CLCMA
attorneys continue to protect the rights of each client they represent,
seeking equal treatment under the law for all, and in all aspects of
life.

READ MORE

 

 

Project Update

 

 

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CLCMA employee Najmu Mohseen
began an Equal Justice
Works Fellowship last fall, sponsored by the law firm Akin Gump Strauss
Hauer & Feld LLP, to create an exhaustive guidebook designed to modify
prison and immigration detention centers' treatment of Muslim inmates
and detainees.

After months of writing and research under the supervision of designated
senior attorneys at CLCMA, and with oversight from the pro bono
attorneys at the sponsoring firm, Ms. Mohseen presented the first part
of her project, Ramadan Rights , this
month.

The Know-Your-Rights handouts, for prisoners and prison staff
respectively, pertain to Ramadan accommodations for prisoners. They
address religious requirements including dietary restrictions and
fasting during Ramadan, prayer times, and more needs identified through
recent CLCMA cases and others across the country.

To view these handouts and learn more about Muslim prisoners' rights to
worship while incarcerated, click the link below. Thank you to Akin Gump
Strauss Hauer & Feld LLP and Equal Justice Works for making this work
possible!

READ MORE

 

 

Save the Date

 

 

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REGISTER

FEBRUARY 29 | 6:00 PM
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BUFFALO GROVE, IL

MARCH 6 | 7:15 PM
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JAMAICA, NY

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MARCH 8 | 4:00 PM
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SANTA CLARITA, CA

APRIL 18 | 7:30 PM
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CORONA, CA

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Muslim Legal Fund of America
833 E Arapaho Rd
Suite 209
Richardson, Texas 75081
United States

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