RSSThe deportation of a National Guard soldier
Yakima Herald-Republic
YAKIMA, Wash. -- Muhammad Zahid Chaudhry's father told him to serve the country he loves.
Heeding those words, the 36-year-old Pakistani immigrant living in Yakima joined the Army National Guard and was sent to active duty at Fort Lewis and Fort Irwin in Southern California.
Now, the country he served is kicking him out.
Immigration authorities are deny-ing him U.S. citizenship because he failed to disclose old misdemeanor convictions in Australia when he applied for a visa a decade ago.
Chaudhry -- who claims he was coerced into pleading guilty to the crimes, for which he paid fines --
says he didn't realize they were class-ified as convictions at the time. He alerted U.S. immigration authorities after learning otherwise years later.
He says his honesty is costing him his dream of living in this country with his wife Ann, a U.S. citizen.
But immigration authorities say he misrepresented himself just to further his stay in the United States. In April, he faces an immigration judge in a deportation hearing.
"There's not a word to describe the overwhelming depression," Ann
Chaudhry said as her eyes moistened. "It gets you down. You just want to go crawl in a hole sometimes. It's constant and people who haven't gone through this type of problem can't comprehend what it's like."
Support in fight to stay
On a recent morning, Chaudhry sits quietly in his wheelchair in his west Yakima home. His wife hands him a napkin filled with pills he takes to tolerate the pain that shoots from his broken back.
He rarely leaves his home.
He arrived in the U.S. on a tourist visa in 1998 and planned a life in the U.S. military when he joined in March 2001. A month later his app-lication for permanent residency was approved. But a series of back injuries he sustained during training exercises that required him to repeatedly sprint and drop to the ground while toting a rifle and pack at Fort Lewis eventually confined his life to a wheelchair. He was honorably discharged in May 2006.
Despite his infirmities, Chaudhry is not leaving the country without a fight.
He's filed a complaint in U.S. District Court in Yakima seeking citizenship based on his military service and good conduct while living here.
He has the support of neighbors, military veterans, his church,
members of Congress and even a former immigration adjudicator, totaling 28 letters requesting immigration authorities to allow him to stay in the country.
Among the letters are ones from Democratic U.S. Sens. Patty Murray and Maria Cantwell of Washington and U.S. Rep. Doc Hastings, R-Pasco. Hastings noted Chaudhry's disability from his military service as well as his service as a volunteer firefighter in Yakima and volunteer work with the Red Cross youth program.
Murray and Cantwell described him as an "asset to his community, friends and family," and like Hastings, asked that immigration
authorities give Chaudhry full consideration in his request for citizenship.
Chaudhry's attorney, Devin T. Theriot-Orr of Seattle, says immigration authorities shouldn't be concerned with minor convictions from nearly 15 years ago.
"He's been a model citizen -- he was willing to die for his country in the service and this is how he's getting repaid?" Theriot-Orr said. "Hopefully a wise eye will see that this is not a case that they want in the public eye and Mr. Chaudhry will remain in the country he loves."
Seeking citizenship
U.S. Citizenship and
Immigrations Services spokeswoman Sharon Rumry in San Francisco declined to talk about Chaudhry, noting that the agency does not comment on open cases.
Chaudhry's convictions as well as other allegations
attacking his moral charac-ter are outlined in an 18-page document from Citizenship and Immigration Services denying him citizenship. Chaudhry provided that information to immigration authorities when he applied for citizenship.
Although he denies committing the crimes, he pleaded guilty to using a passport and credit card that did not belong to him. He paid about $1,450 in fines and restitution and says Australian police promised that the convictions wouldn't go on his record.
In addition to those convictions, U.S. immigration authorities say Chaudhry also misrepresented himself on applications to the military and Yakima police, when in 2001 he sought to become a reserve officer. He told the police, for example, that he could provide proof of citizenship; Chaudhry said he only meant to show he was in the U.S. legally.
Matt Adams, legal director for the Northwest Immigrant Rights Project in Seattle, said he was surprised when he learned the government had reviewed Chaudhry's employment application with the Yakima police.
Usually immigration authorities don't look into a person's employment history when considering an application for citizenship, Adams said.
"In all my time, I've never seen anything like that,"
Adams said. "Just on its face, it looks like they are just trying to find things to deny him."
Chaudhry applied for citizenship in 2004 and received his denial in August 2008. When immigration authorities said they found him to "lack good moral character," he filed a complaint in U.S. District Court in Yakima.
Adams says Chaudhry has a solid case, given the fact that none of the convictions are crimes that would make him ineligible for citizenship.
He says he's worked on other cases in which immigration review judges granted citizenship to people who have had similar misunderstandings in paperwork.
"The fact that he brought this information later on clearly shows that he wasn't trying to hide anything," he said.
Immigration review judges do have discretion in deciding such cases where circumstances come into play, says Executive Office of Immigration Review spokeswoman Elaine Komis in Falls Church, Va.
"Immigration law is extremely complex and each case is determined on a case by case basis," she said.
The U.S. District Court could trump the immigration court in Seattle if it decides to deport Chaudhry, said Theriot-Orr.
Meanwhile, Chaudhry has applied for disability benefits and his wife has quit a bookkeeping job to take care of him full time. They say they have dipped into savings, cashed in IRAs and taken out a second mortgage just to get by.
"I'm hoping that someone somewhere will wake up and see what's going on," Chaudhry said. "I really
think that someone just hasn't looked at the whole picture."
* Phil Ferolito can be reached at 509-577-7749 or pferolito@yakimaherald.com.
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This is a switch. The guy came here legally, not like about 35 million others who, in one way or another, sneaked into our country or overstayed their visas. He served us in an honorable manner, not like many of the 35 million I just mentioned. He seems to be supporting himself, spending his earnings at "home", not like many of the 35 million I mentioned, who send a large percentage of their paychecks to some other country, to be spent there. He used real ID, and told the truth, not like the 35 million.
There seems to be some mystery here that someone isn't telling about, either the government, or him. When it comes to believing the government these days, I don't. Isn't that a terrible state of affairs?
This, while 35 million illegal aliens, a majority of whom are Hispanic who are claiming "Victim" status, refusing to assimilate, refusing to learn our language, many living on fraudulent welfare claims to supplement their slave wages, while using stolen or false ID's, and are lately, being given passes and green cards by our new Homeland Insecurity Chief, Napolitano, (Yamato Engine in Bellingham) as she overrides her own people's efforts to enforce our immigration laws. Then, add insult to injury, the ObamaNation seeks amnesty and citizenship for them as rewards for what amounts to a life of lies and subsequent crime.
Our priorities are certainly messed up.
I don't believe he is going anywhere. There are too many positive things in his favor that will count during the proceedings.. There is a lot of support from many sectors for him.
It looks like Mr. Chaudhry has a strong case for citizenship. My good wishes are with him and his family while they struggle through this injustice being done to them.
Cases like these are not rare. Nor are examples of injustice. The "switch" that Nick refers to is most likely the toggle in Nick's brain that goes on and off with his prejudices.
Maybe he should join a gang and commit a crime. It seems to work for many illegal aliens in our community who avoid deportation.
Report ViolationThis article is poorly written and leaves me with a lot of questions. It says Mr. Chaudhry joined the Army in 2001 and was honorably discharged in 2006. When was he injured? I assume because it was during training exercises that he was injured at the beginning of his enlistment. Why isn't he on a disability from the Army? (article states that he has just applied for benefits, why isn't he already receiving them?) During this time that he was in the Army (2004), he applied for citizenship and was denied in 2008. Does it really take that long?
Did he use another person's passport and credit card in Australia or to enter the United States? (is this the misdemeanor that he was coerced into pleading guilty?) That seems like a serious charge. And what about the alleged misreprentations when he applied for employment?
How long has he been in a wheelchair. A long time? And his wife just quit her bookkeeping job to take care of him? Or has he been more mobile in the last 3 years and able to take care of himself?
Something doesn't seem quite right here and I can't figure out what it is.
Sorry, another question. When was Mr. Chaudhry a volunteer firefighter? In the last 3 years?(discharged from the army in 2006). Don't you have to be able bodied to do that?
Perhaps the injuries have gradually worsened. The article does not state when they actually occurred.
I don't know, maybe the Immigration Service knows more than we do from the article that was in the Herald.
It is sad to see this happen this gentleman served on the armed forces honorably. This is a typical case of discrimination i mean look at his name ,skin color or place of origin. I know the guy personally he is a well educated individual his life was forever changed after 9/11 i served with him in the army and i saw first hand how he was repeatedly denied promotions in the army while other soldiers with less education less time in service outranked him. He was treated diferently after 9/11. Also when applying at jobs and all because his first name is muhammad and cuz he is a well educated pakistani.
Report ViolationMedic-"This is a typical case of discrimination"
Not weighing in on this particular story itself, but you realize INS only deals with minorities/immigrants. Any persons that INS deports I guess could use the "discrimination" card because by definition the U.S. (and all other countries for that matter) do discriminate who is allowed to stay and have citizenship.
From reading all these comments im disgusted!! I cant believe how more racist people can be!! what the hell is wrong is wrong with you just because this man is not white like you guys, whats that have to do? this is served for the united states and help serve this country! Who are we to judge him? who are all you to judge this man who has been helping and serving this country. dont judge look at yourself before you judge look at your self and see if your so perfect!! and stop getting hispanic people in your racist comments! theres no need. dont open your mouth look at your background and see if your parents or family are originally from here because i have a doubt that you are from here. America is a free country and we all deserve a chance!!!
Report ViolationG2009:
I am from here.
My father came from Venezuela.
How do you know what color I am...:
The posts here, for the most part, are sympathetic and inquiring?
Before I accused someone of being racist I would go into the bathroom and look in the mirror.
Nick- wellsaid ! Moxeekid, you do not think he is going anywhere. Well I would suggest he moves to Chicago and I think then Obama would take care of him. But he will have to join ACORN !!
Report ViolationThis whole story upset and angered me so much. This man regardless of where he came from served our country honorably and the thanks he gets for all of that might be deportation. It's a sad sad day when we don't honor our men and women of the armed forces. They put their lives on the line every day so that we may live in a good world. The least we can do is show this man some respect. My prayers are with him and his family. I hope it all works out in the end in their favor.
Report ViolationMartha - "The "switch" that Nick refers to is most likely the toggle in Nick's brain that goes on and off with his prejudices."
What an absurd statement. I have often said that my objections to illegal immigration have only to do with them breaking our laws and taking advantage of others who wait in line, not where they come from. Illegals come from many more countries than Mexico. Does this erroneous assumption of my position make you guilty of racial profiling or worse, being a racist yourself?
Nell has some valid points - there are still several questions unanswered by the article, which is the "mystery" I referred to.
2009 - go back to school - your grammar is atrocious. Furthermore, there is absolutely nothing racist being said here, except by those who truly are racist by pulling out that card as their only argument, like maybe yourself? By the way, my ancestors came from England, Germany, and Holland, with a little Irish thrown in for good measure. They also came here LEGALLY. There is a BIG difference.
Nick, explain how you come up with 35 MILLION people, "a majority of whom are Hispanic who are claiming "Victim" status. . . . [living] a life of lies and subsequent crime", and not look like a lunatic or worse. Come on.
We need comprehensive immigration reform in this country now more than ever.
G2009-"America is a free country and we all deserve a chance!!!"
If you are insinuating we should have 100% open borders you are nuts! Not every person on this planet should be allowed to come to America because it is a better place, if that was allowed soon America would be no better than the places they came from.
I do believe that this soldier does deserve INS taking a closer look and even a more lenient stance on his situation, after all he did serve in our armed forces which is more than most USA born brats are willing to do.
Martha - the number comes from the annual estimate of illegals since the Reagan amnesty of AT LEAST 1.5 million per year, just over the southern border! You do the rest of the math.
"Comprehensive" immigration reform, by the definition put forth by both parties is nothing more than an attempt to sweep the problem under the rug with a mass-amnesty for the illegal criminal alien, (the Federal Governments definition a Homeland Security) felons, (grossly understated at a total of 12-15 million by the government) and fast-track to citizenship as their reward for breaking our laws and elbowing all legal immigrants out of line in the process.
Don't be so obtuse, or gullible, to the line of bull from the politicians who are simply trying to pander to Republicans for cheap labor for businesses and to Democrats for votes. Modern day bipartisanship in action.
In fact, there is absolutely NOTHING WRONG with our CURRENT immigration laws, that allow legal guest workers to enter as needed. They just need to be enforced. All the employers who can justify a need for workers have to do is fill out the paperwork. The problem comes when those same employers CANNOT DEMONSTRATE THE NEED REQUIRED. They simply hire them under the radar or at day labor sites for cash pay, which is often unreported by anyone.
As a 4th generation “citizen” of this valley, I’ve been witness to several different angles on those who claim citizenship and those who have sought or are seeking citizenship.
Migrant workers were used in our valley for agriculture for many, many years. The demographics seem a little different now: some of those workers are choosing to stay here rather than migrate, open businesses (such as restaurants, yard care, auto shops, etc.), they either rent or buy homes, they buy vehicles, they purchase food and supplies, go shopping, go to entertainments, join the military, get jobs, pay taxes – sounds like expanding the economy.
Some have come here to the U.S. legally, some not. We too often hear about those that break U.S. laws, commit crimes, or do any other assorted bad things. You know, a very small percentage gives a bad name or impression to the majority – “one bad apple…”.
So if we kick them (illegal and legal alike) all out – could someone tell us what we’re going to do with all the (even more) empty houses or apartments, what will retailers do with all the ethnic items they sell a lot of? etc and etc. the list is endless.
I have a son who is of an age that he could join the military and he has many, many friends (male and female alike) – NONE OF THEM JOINED!
Here is a fellow that has come to our country legally, married, joined the military in order to serve a country he can’t even call his own! Now, in service to this country, the U.S., he gets injured and became disabled (I think about this a lot during my walks), and is in pain – he is enduring that for you and me. He is enduring the possibility of being deported – for you and me. What kind of life is this? And what are you and I going to do about it? Sounds like the least I could do is give some money to them for the legal defense. That has got to be expensive. I’m going to contact the Herald about it –
What about you?
Nick - You don't list a source for "the" annual estimate. Let's be charitable and call it "your" estimate. It's not hard to pick a number, any number, and multiply it by any number of years. Garbage in, garbage out.
Figuring out what's really wrong with US immigration policy takes a bit more than math. I am glad to see you backing away from some of your other inflammatory statements. I don't think you can say there is nothing wrong with our current immigration laws while people like Mr. Chaudhry end up in deportation proceedings.
Immigration law covers a lot more ground than temporary guest workers. It is fundamentally dishonest to describe the problem in the widest possible way and then propose the narrowest possible solution.
4thGenYakimite - Your generous proposal to help pay for Mr. Chaudhry's legal defense will be greatly appreciated, I'm sure. Access to legal services for immigrants facing deportation is an ongoing, serious problem that should be taken seriously by anyone who cares about "the rule of law."
FYI, the NYTimes ran this article today: http://www.nytimes.com/2009/11/02/nyregion/02detain.html?scp=2&sq=immigration detention&st=cse
Hey all, I found out that donation checks etc. for legal defense can be made to the Law firm of "Gibbs Houston Pauw", and sent to the care of attorney mentioned in the article: Devin Theriot-Orr
1000 Second Ave, Suite 1600
Seattle, WA 98104
Note on your checks "Disabled Veteran defense".
Thanks 4thGenYakimite and MarthaRicky for a great suggestion for something any of us can do!
(This comment has been removed by a Yakima Herald-Republic moderator)
As someone who knows this disabled Veteran I am seeing some out right dishonesty wild speculation and blatant lies being posted here and other places.
Chaudhry joined the National Guard long before 9/11; long before those that jumped in after 9/11 - bein good ole "American patriots". Not only did he finish basic training, but also other trainings. Basic training is only a few weeks - he served YEARS! Lotta difference between weeks and years! He would not have been in the military as long as he was if he didn't finish b.t. By the way, he was class leader for several months in advanced training.
Many people have known him before and after his service connected injuires. He isn't the only one to get injured in service to this country and to protect your "free speech" lies. There are certainly some people who don't know him, never met him and can only speculate and spread wrongful rumors as "truth".
He often talked about his military service - he was proud to be in the military and his wife was proud of him too. Despite prejudice and racial hatred he endured while serving he actually liked being in the military. Just read the comments above from "Medic". From the beginning he always said he wanted to serve this country.
I knew him when he was a volunteer (un paid)at the fire dept -he was on call 24/7 - and yeah, Nell, you gotta be able bodied to do that and since he got injured he hasn't been able to volunteer there to this day. Can you muster the 1000's of his volunteer (un paid) work hours he's done there? Chaudhry volunteered (un paid) for many years from early morning to late nite at the "spagheti feeds" put on by the combined efforts of the fire dept and police dept.
Before being deployed for OIF he worked for Home Depot: he was always extremely knowledgeable and helpful every time I went in. He exemplified the early days of SERVICE that Home Depot had when it first opened.
A number of years ago I went to a Yakima Town Hall meeting with Doc Hastings and saw Chaudhry and his wife there - he was in a wheelchair then. They even got in a few questions for Doc. I recall I saw them talking with (former councilwoman) Susan Whitman at that meeting. Doc & staff knows the Chaudhry family a very long time.
Specially before 9/11 people joined the National Guard to SERVE this country. How many of you joined the military to protect the backsides of Americans' freedoms we seem to just expect to be there!?
Chaudhry volunteered (again, un paid) for the Red Cross for years before he was injured. He felt so strongly about his Red Cross volunteer work that it pains him not to be able to do that anymore & he talks about it and the people close to him know about it. That is SERVICE to the American people. He also served this community in other ways, whether it was supervising youth at the Red Cross charity at DeAtley's or taking the Yakima County high school students to the American Red Cross Leadership Camp.
Many people have known him to go out of his way to help them.
Ask the old caucasian guy with car troubles on Canyon Rd - Chaudhry stopped to assist him, ended up towing the guy's car back to Yakima to a repair shop, remain with him until the trouble was diagnosed, brought the guy to their house and fed him, took him to a motel near the repair shop so the old man could easily get his car the next day after it was fixed. You guys at the repair shop know this & you people who stopped by the house when the old guy was there getting a much needed meal know this too.
Ask the young Ellensburg woman with a kid on a cold winter nite when her car ran out of gas & she & the kid were stranded in the middle of town. It wasn't "Ellensburg's finest" who stopped, got some gas, paid for it, put it in, got her on her way. She could only thank Chaudhry with gratitude since she didn't have any money to pay for the gas. Well, on retrospect, maybe it was Ellensburg finest after all.
Ask the Native American soldiers who had no means to get to their duty stations - Chaudhry volunteered to pick them up and at the end of the day take them home - even if it meant going to the other side of the state.
And the Native American high school students know who they are who benefited from Chaudhry's volunteer (un paid) services in their Ag shop.
Chaudhry has always donated blood at every military installation he was assigned to. His blood is running in the veins of so many service men and women, not to mention American civilians! If you were to see his record of blood donated overseas, under the column of "Affiliation or Organization" you will read: "U.S. Military".
When the FBI were asking on the radio and TV for language help after 9/11, Chaudhry volunteered his linguistic skills.
This is how strongly devoted he has been in service to the American people.
This is how he has tried to be a good will ambassador for the United States.
This is how he has tried to build bridges of understanding and trust between nations and their peoples.
As Mrs. Chaudhry stated in the article: "... people who haven't gone through this type of problem can't comprehend what it's like ".
I've seen this couple walk this mile, and unless you've walked their mile in their shoes (and wheelchair) at least stick to real, truthful facts. Leave the speculation and lies to wall street.
Let's not allow injustice to be heaped on injury by denying Chaudhry citizenship in the United States.
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