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Former Lodi cleric chooses deportation over legal fight

Rather than continue what could be a two-year legal fight from behind bars, former Lodi imam Shabbir Ahmed agreed Monday to be deported back to his native Pakistan.

The decision came a week after an immigration judge dealt the 39-year-old man a blow when he ruled that the Muslim cleric was a "flight risk and a danger to the community," then denied him bail. Because Ahmed was not going to be freed from jail, he will now likely head to Islamabad, Pakistan, within two to three weeks, his attorney said outside court after a brief hearing.

Shabbir Ahmed

"He felt he had nothing left to fight for," Saad Ahmad said of his client. "For all practical purposes, his life as he knew it in the United States was over."

Ahmad had also represented former Lodi imam Mohammed Adil Khan and his son, who agreed July 15 to no longer fight their immigration cases and instead return to Pakistan. They left California early Monday morning, bound for their home in Karachi, Pakistan, Ahmad said.

Monday's hastily scheduled hearing lasted only minutes. Though two or three of Ahmed's supporters had attended previous court appearances, none appeared Monday. Later, some expressed disappointment at the immigration court process, while other Lodi Muslims said Ahmed made the right decision.

Ahmed, wearing shackles and orange Sacramento County Jail clothes, conversed softly with his attorney in English, then was silent for the remainder of his final appearance in the ninth-floor downtown San Francisco courtroom.

The government and defense had already signed an agreement in which Ahmed will also waive his right to appeal. Immigration Judge Anthony Murry asked no questions and made no statements, other than to order that Ahmed "be removed to Pakistan."

In a prepared statement at a press conference following the hearing, the chief counsel for U.S. Immigration and Customs Enforcement praised the efforts of various law enforcement agencies, viewing Ahmed's departure as a "victory."

"Once he leaves the United States, Mr. Ahmed will no longer be in a position to advance any doctrine of hate from within our community," Ronald Le Fevre said.

Though Ahmed was only accused of overstaying his visa, the government had portrayed him as possibly having terrorist ties.

At last week's bail hearing, the lead FBI case agent overseeing the Lodi investigation laid out a diagram of figures, beginning with Taliban leader Osama bin Laden. Agent Gary Schaaf testified that Ahmed was in a chain of command, which would pass instructions from al-Qaida leaders down to Lodi residents.

Through his attorney, Ahmed denied those claims, and his attorney pointed out that the source of that information and final recipient of the orders was allegedly Hamid Hayat, a 22-year-old Lodi man currently facing federal charges of lying to federal agents.

Hayat and his father, 47-year-old Umer Hayat, were also arrested during the terror investigation and remain jailed, awaiting an October trial.

Ahmed was never charged criminally, and his attorney said the scholar would not be charged. He had hoped to be granted bond while continuing to fight his case, but after the judge denied bond last week, Ahmed decided to agree to deportation.

"He's able to go home with some honor and with some dignity," Ahmad said.

The imam is expected to resume preaching in Islamabad, where his wife and three daughters live, the attorney said.

Ahmed came to Lodi in January 2002 after being recommended by Adil Khan, who was already a religious leader at the Lodi Muslim Mosque on Poplar Street. Adil Khan was focusing his energy on building a school, called the Farooqia Islamic Center, so Ahmed took over the duties as the mosque's religious leader.

His visa expired in November and he applied for an extension. At the beginning of June, he was arrested on administrative immigration violations. It was at a bail hearing spread over two days that some of the government's allegations against Ahmed were revealed.

Less than two months before coming the U.S., Ahmed had made anti-American speeches to crowds in Pakistan, he acknowledged in court. The government accused him of making five such speeches in the months following 9/11, and Ahmed did not deny it.

But Ahmed testified in court last week and at a June 24 hearing that his feelings toward America completely changed after he arrived in Lodi.

"His opinion hasn't changed; he still loves this country dearly," Ahmad said. "He's leaving with a heavy heart."

Under standard deportation laws, the former imam will be barred from returning to the U.S. for 10 years, and Ahmad did not think he would ever return.

Not only does Ahmed leave in the midst of a terror investigation that has regularly made national and international headlines, but the Lodi mosque is also facing internal strife. The leadership is up for debate, with some members saying Ahmed was fired as imam and others challenging it in a lawsuit.

News of Ahmed's pending departure was welcomed by mosque president Mohammed Shoaib.

"It's very good news for the community. ... It was a good decision at the right time," he said, adding that he hopes the Muslim community will be able to once again come together.

However, Shoaib said he has no hard feelings toward Ahmed and gave "best wishes" to the former imam.

On the other side of the Muslim split, Taj Khan was disheartened, though he thought it was telling that Ahmed is allowed to leave the country.

"It's Shabbir's decision; if he wants to leave the country it's his prerogative. I'm surprised the judge thought he was a flight risk and today he's letting him go," said Khan, a News-Sentinel columnist who is not related to Adil Khan. "Now he can get up and leave without any charges or any prosecution."

Ahmed's attorney, though, pointed out that the allegations against the former imam have already been made.

"In the 1950s, the worst you could say about someone was that he was a communist," Ahmad said, adding that he believed there were "informants" in the Lodi mosque.

"Now, if you want to get somebody in trouble, make a connection to al-Qaida."

Contact reporter Layla Bohm at layla@lodinews.com.