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OCTOBER 2019

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Assalamu'alaykum John,

This past week, we witnessed the trial of Botham Jean's shooter, former
police officer Amber Guyger. While a measure of justice was served with
her conviction for his murder, many were understandably questioning her
10 year prison sentence, arguing that if their places were switched, he
would have received a stiffer sentence simply due to his identity as a
young, black male.

This imbalance is unfortunately all too familiar to us as American
Muslims. As an organization, MLFA works to address and correct similar
injustices that our community experiences.

In this issue, we update you on a number of cases that are moving
forward with positive results, share a case that exposes the hurdles one
baby has to face to fight for her rights (and her life), recognize CLCMA
board member Sunny Azhar for his most recent achievement, and fill you
in on inspiring events coming to a city near you.

In faith and for justice,

 

 

Law Center Updates

 

 

Judgment for CLCMA Client on Tort Claims Against United States

Earlier this month, the government offered the full amount claimed by
Plaintiff Haisam Elsharkawi in his lawsuit against the United States of
America for tort damages under the Federal Tort Claims Act ("FTCA"). 
On behalf of Mr. Elsharkawi, CLCMA sought damages for false
imprisonment/false arrest, negligence, battery and intentional
infliction of emotional distress based on his extensive and intrusive
detention at an airport when leaving for religious pilgrimage. The Judge
held last month that the allegations supporting these claims were
"textbook pleading" and denied the government's Motion to Dismiss
these claims.  Two weeks later and shortly before discovery was about
to begin, the government offered to concede the damages.

 

Read More Here

 

CLCMA Defends Immigration Win for Houston-Based Islamic Scholar Dr. Main
Al-Qudah

Dr. Main Al-Qudah has been defending his immigration status through a
long legal battle for almost two decades, by tenaciously fighting
against the government's efforts to block his ability to remain
lawfully in the U.S.

Dr. Al-Qudah's case exemplifies the persistence of the lawyers at the
MLFA-funded Constitutional Law Center for Muslims in America and its
legal partners in defending Muslim immigrants against withholding of
immigration status in violation of their clients' constitutional
rights to due process and fairness.

With the help of CLCMA and outside counsel, Dr. Al-Qudah recently
received a favorable decision when the immigration judge granted his
long-pending request for lawful permanent residence. CLCMA is now
defending this win for Dr. Al-Qudah at the Board of Immigration Appeals,
after the government challenged it.

 

Read More Here

 

CLCMA Files Suit Challenging the Constitutionality of the TWIC Card
Administrative Process

It took three years and several levels of administrative appeals for the
government to recognize that transportation worker Mohamed Al-Seraji
does not pose a security threat .

The Muslim Legal Fund of America put Mr. Al-Seraji in touch with the
attorneys at the Constitutional Law Center for Muslims in America. 
They helped him file administrative challenges, and eventually, a
lawsuit in federal court.

On May 25, 2018, just a couple of days before his hearing was set to
start, he heard surprising news: the TSA changed its mind. They were
going to grant his application for a TWIC card after all.

CLCMA recently filed a federal court lawsuit in Washington, D.C.,
challenging the constitutionality of the process Mr. Al-Seraji endured
and seeking damages for the three years he was not able to work in his
chosen profession. He has no criminal record and the government never
provided specific reasons for its three year denial of his TWIC card
application.  

Read More Here

 

 

Case Spotlight

 

One Baby's Constitutional Battle:

How Government Overreach Can Impact our Rights - and Our Lives

CLCMA's Civil Department is pursuing a case on behalf of a baby born in
Palestine to two U.S. citizens (Baby M) who is being denied multiple
documents that would establish her right to U.S. citizenship due to her
parents' status as citizens.

The government claims that it cannot issue these documents without
"proof" of the child's relationship to her parents via a "suggested" DNA
test - an unnecessary, burdensome requirement that runs contrary to
the statutes passed by Congress. The child's parents applied for her
paperwork so that she could seek medical care in the United States that
is not available in her country.

CLCMA filed suit on behalf of Baby M's father as her "next friend," to
compel the government to process her case in accordance with the law and
cease the infringement on her constitutional rights. What is troubling
in the government's actions is the expectation that Muslim Americans,
and in this case, a Palestinian Muslim American family, have to jump
through hoops and overcome hurdles not presented to others in the same
situations.

Imposing unreasonable standards and requirements to prove blood
relationship to a U.S. citizen parent, despite both parents being U.S.
citizens married to each other, risks both this child's health and the
health of our judicial process. CLCMA is proud to fight on Baby M's
behalf, and hopefully prevent an unconstitutional precedent of allowing
agencies to add requirements that are not included in the laws passed by
Congress.

 

Awards & Recognitions

 

 

MLFA Congratulates Law Center Board Member Sunny Azhar on Immigration
Award

With a common theme of immigration attorneys being the first responders
to the escalating immigration issues of our day, attorney and CLCMA
Board Member Furqan Sunny Azhar was recognized with the annual
Professional Excellence Award on September 25th, 2019.

This recognition is awarded to the immigration attorney who made
significant contributions in the field through changing an area of law,
reshaping an institution and/or organization, accomplishing works of
great public service or otherwise making a lasting impact in the past
year.

In a room of 100 immigration attorneys, colleagues, and friends, Mr.
Azhar spoke about how members of the immigration sector learned from
each other and worked to improve the lives of people who needed their
help. Dallas Judge Clay Jenkins stated that where others fear to run
into a burning building, immigration attorneys - like firemen - will
rush in to do the difficult and necessary work needed to change lives.

Congratulations to Mr. Azhar from everyone at Muslim Legal Fund of
America and Constitutional Law Center for Muslims in America!

 

MLFA & CLCMA Staff strategizing, collaborating, and pursuing the work
that makes justice possible.

 

 

Event Recap

 

On Sunday, September 29, 2019, MLFA was a proud sponsor of the Dallas
theater production of the play "Not Without My Hijab" by our dear sister
and supporter Halimah DeOliveira. This well-attended and highly-received
event brought together Dallas folks young and old to witness the coming
of age story of Aneesa, a Muslim girl in America who grappled with her
faith and identity. Congratulations to Sr. Halimah and the Childhoodlost
Theatre Group, and a huge shout-out to MLFA's Dallas-based volunteers
for helping make this event successful! You can learn more about
upcoming shows by following Sr. Halimah: @beyouinhd and find out how you
too can make a difference by joining MLFA's Volunteer Network here.

 

 

 

 

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OCTOBER 11 | 6:30 PM
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OCTOBER 19  | 6:30 PM
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Muslim Legal Fund of America
833 E Arapaho Rd
Suite 209
Richardson, Texas 75081
United States

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