Latest news with #Lotfi
Vancouver Sun
15 hours ago
- Vancouver Sun
Iranian who killed someone in England gets another chance to stay in Canada
An Iranian whose refugee claim was turned down in Canada because he was convicted in England 16 years ago of a serious assault that left one person dead and another two injured will get another shot at arguing he should be allowed to stay here because his bisexuality, Kurdish ethnicity, conversion from Islam to Christianity and identity as a Westerner would all put him at risk back home. An immigration officer refused Sirus Lotfi's last ditch plea to stay in Canada in March 2024, arguing he had not provided sufficient evidence to establish the basis for his protection claim. Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. 'I respectfully disagree with this position,' Justice Angus Grant wrote in a recent Federal Court decision out of Toronto. 'On the core details related to the applicant's risk factors, the affidavit (outlining those) was detailed and comprehensive. This was particularly the case with respect to (Lotfi's) sexual orientation. The affidavit contained many details, from the applicant's first homosexual encounters, to subsequent relationships, to his time spent in Tehran, frequenting a park where gay men would meet. Moreover, the documentary evidence before the officer clearly raised concerns with respect to the applicant's safety, assuming the risk factors he raised in his affidavit were true. This being the case, there was simply no doubt that the facts set out in the applicant's affidavit, if believed, would have justified granting the application.' The judge noted 'the well-established principle that when an individual in refugee protection proceedings swears to the truth of their testimony, that testimony is presumed to be true unless there is a valid reason to doubt its truthfulness.' The immigration officer's conclusion that Lotfi 'had not established facts that he had categorically and unambiguously sworn to be true' amounted to a 'veiled credibility finding,' Grant said. In other words, the immigration officer questioned Lotfi's honesty without explicitly stating the Iranian's credibility was in doubt. The judge granted Lotfi's application for a judicial review. 'The matter is remitted to a different decision-maker for reconsideration,' Grant said in his decision dated June 18. Lotfi 'entered Canada in November 2022 on a fraudulently obtained passport and made a claim for refugee protection,' said the decision. 'He did not have any other identity documents with him at the time, so he was arrested and detained by the Canada Border Services Agency.' While Lotfi was in detention, Immigration, Refugees and Citizenship Canada 'learned that in April 2009, the applicant was convicted in England with intent to do grievous bodily harm,' it said. 'The Canadian equivalent of this offence is aggravated assault.' Because of his conviction, for which he served half of a 10-year prison sentence, 'Lotfi was referred for an admissibility hearing before the Immigration Division of the Immigration and Refugee Board,' said the decision. It found Lotfi 'was inadmissible to Canada on grounds of serious criminality.' That meant Lotfi became ineligible for his refugee claim to be heard, so he applied for a pre-removal risk assessment — his last ditch plea to stay in Canada. For that hearing, Lotfi submitted a detailed written argument alleging that he would be at risk in Iran on four distinct grounds. But the immigration officer hearing his case noted Lotfi's lack of supporting evidence to establish his claim for protection. The court heard Lotfi 'had essentially no relationship with his mother in Iran, and moved to Germany as a young adolescent, where his father placed him in a boarding school.' At some point his family 'stopped paying tuition fees for this school, and he was subsequently placed in a Christian orphanage where he lived until he turned 18,' said the decision. 'Over the course of these years, (Lotfi) grew disconnected with his Islamic background and gravitated towards Christianity. At one point while at the orphanage, he tattooed a cross on his shoulder.' Lotfi 'also explained how he explored his sexual orientation while in the orphanage, though this was not easy to do. At 20, the applicant learned that his father had committed suicide. This led to a period of serious drug addiction, and in 2007 (he) was removed to Iran.' Lotfi 'had a difficult time adjusting to life back in Iran,' said the decision. 'Eventually, he learned of a park where gay men met to have sex. He began frequenting the park and having encounters with men, despite the obvious dangers that this posed. Eventually, however, (he) decided to leave Iran and went to the United Kingdom.' The subsequent altercation in England 'led to his criminal conviction, which resulted in the death of one individual and the injury of two others,' said the decision. 'He claims that he acted in self-defence, but contrary to the advice of his lawyer, he plead guilty and was sentenced to a ten-year sentence, of which he served five years. While in prison, (Lotfi) stated that he received mental health treatment for the first time, that he disavowed drugs, and formally converted to Christianity.' Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. 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National Post
15 hours ago
- Politics
- National Post
Iranian who killed someone in England gets another chance to stay in Canada
Article content While Lotfi was in detention, Immigration, Refugees and Citizenship Canada 'learned that in April 2009, the applicant was convicted in England with intent to do grievous bodily harm,' it said. 'The Canadian equivalent of this offence is aggravated assault.' Article content Because of his conviction, for which he served half of a 10-year prison sentence, 'Lotfi was referred for an admissibility hearing before the Immigration Division of the Immigration and Refugee Board,' said the decision. Article content It found Lotfi 'was inadmissible to Canada on grounds of serious criminality.' Article content That meant Lotfi became ineligible for his refugee claim to be heard, so he applied for a pre-removal risk assessment — his last ditch plea to stay in Canada. Article content For that hearing, Lotfi submitted a detailed written argument alleging that he would be at risk in Iran on four distinct grounds. But the immigration officer hearing his case noted Lotfi's lack of supporting evidence to establish his claim for protection. Article content The court heard Lotfi 'had essentially no relationship with his mother in Iran, and moved to Germany as a young adolescent, where his father placed him in a boarding school.' Article content At some point his family 'stopped paying tuition fees for this school, and he was subsequently placed in a Christian orphanage where he lived until he turned 18,' said the decision. Article content 'Over the course of these years, (Lotfi) grew disconnected with his Islamic background and gravitated towards Christianity. At one point while at the orphanage, he tattooed a cross on his shoulder.' Article content Lotfi 'also explained how he explored his sexual orientation while in the orphanage, though this was not easy to do. At 20, the applicant learned that his father had committed suicide. This led to a period of serious drug addiction, and in 2007 (he) was removed to Iran.' Article content Lotfi 'had a difficult time adjusting to life back in Iran,' said the decision. Article content 'Eventually, he learned of a park where gay men met to have sex. He began frequenting the park and having encounters with men, despite the obvious dangers that this posed. Eventually, however, (he) decided to leave Iran and went to the United Kingdom.' Article content The subsequent altercation in England 'led to his criminal conviction, which resulted in the death of one individual and the injury of two others,' said the decision. Article content 'He claims that he acted in self-defence, but contrary to the advice of his lawyer, he plead guilty and was sentenced to a ten-year sentence, of which he served five years. While in prison, (Lotfi) stated that he received mental health treatment for the first time, that he disavowed drugs, and formally converted to Christianity.' Article content
Edmonton Journal
15 hours ago
- Politics
- Edmonton Journal
Iranian who killed someone in England gets another chance to stay in Canada
Breadcrumb Trail Links A Federal Court judge granted Sirus Lotfi's application for a judicial review, overruling an immigration officer's refusal of his last ditch plea to stay in Canada Article content An Iranian whose refugee claim was turned down in Canada because he was convicted in England 16 years ago of a serious assault that left one person dead and another two injured will get another shot at arguing he should be allowed to stay here because his bisexuality, Kurdish ethnicity, conversion from Islam to Christianity and identity as a Westerner would all put him at risk back home. Article content An immigration officer refused Sirus Lotfi's last ditch plea to stay in Canada in March 2024, arguing he had not provided sufficient evidence to establish the basis for his protection claim. 'I respectfully disagree with this position,' Justice Angus Grant wrote in a recent Federal Court decision out of Toronto. 'On the core details related to the applicant's risk factors, the affidavit (outlining those) was detailed and comprehensive. This was particularly the case with respect to (Lotfi's) sexual orientation. The affidavit contained many details, from the applicant's first homosexual encounters, to subsequent relationships, to his time spent in Tehran, frequenting a park where gay men would meet. Moreover, the documentary evidence before the officer clearly raised concerns with respect to the applicant's safety, assuming the risk factors he raised in his affidavit were true. This being the case, there was simply no doubt that the facts set out in the applicant's affidavit, if believed, would have justified granting the application.' Article content The judge noted 'the well-established principle that when an individual in refugee protection proceedings swears to the truth of their testimony, that testimony is presumed to be true unless there is a valid reason to doubt its truthfulness.' The immigration officer's conclusion that Lotfi 'had not established facts that he had categorically and unambiguously sworn to be true' amounted to a 'veiled credibility finding,' Grant said. In other words, the immigration officer questioned Lotfi's honesty without explicitly stating the Iranian's credibility was in doubt. The judge granted Lotfi's application for a judicial review. 'The matter is remitted to a different decision-maker for reconsideration,' Grant said in his decision dated June 18. Lotfi 'entered Canada in November 2022 on a fraudulently obtained passport and made a claim for refugee protection,' said the decision. Article content 'He did not have any other identity documents with him at the time, so he was arrested and detained by the Canada Border Services Agency.' While Lotfi was in detention, Immigration, Refugees and Citizenship Canada 'learned that in April 2009, the applicant was convicted in England with intent to do grievous bodily harm,' it said. 'The Canadian equivalent of this offence is aggravated assault.' Because of his conviction, for which he served half of a 10-year prison sentence, 'Lotfi was referred for an admissibility hearing before the Immigration Division of the Immigration and Refugee Board,' said the decision. It found Lotfi 'was inadmissible to Canada on grounds of serious criminality.' That meant Lotfi became ineligible for his refugee claim to be heard, so he applied for a pre-removal risk assessment — his last ditch plea to stay in Canada. Article content For that hearing, Lotfi submitted a detailed written argument alleging that he would be at risk in Iran on four distinct grounds. But the immigration officer hearing his case noted Lotfi's lack of supporting evidence to establish his claim for protection. The court heard Lotfi 'had essentially no relationship with his mother in Iran, and moved to Germany as a young adolescent, where his father placed him in a boarding school.' At some point his family 'stopped paying tuition fees for this school, and he was subsequently placed in a Christian orphanage where he lived until he turned 18,' said the decision. 'Over the course of these years, (Lotfi) grew disconnected with his Islamic background and gravitated towards Christianity. At one point while at the orphanage, he tattooed a cross on his shoulder.' Lotfi 'also explained how he explored his sexual orientation while in the orphanage, though this was not easy to do. At 20, the applicant learned that his father had committed suicide. This led to a period of serious drug addiction, and in 2007 (he) was removed to Iran.' Latest National Stories
Yahoo
06-05-2025
- Politics
- Yahoo
UW-Madison student still fighting Trump administration's student visa cancellation
Bascom Hall, University of Wisconsin-Madison. (Ron Cogswell | used by permission of the photographer) Madison attorney Shabnam Lotfi says her client, Krish Lal Isserdasani, was exceptionally responsible in the way he handled the news that the Trump administration had suddenly taken away his student visa. Isserdasani, a 21-year-old computer engineering senior at the University of Wisconsin-Madison from India, was about a month out from his graduation on May 10 when he became one of thousands of students across the U.S. that had their Student and Exchange Visitor Information System (SEVIS) records cancelled by the Trump administration. According to the Immigration and Customs Enforcement, SEVIS is a 'web-based system for maintaining information on nonimmigrant students and exchange visitors' in the U.S. Once SEVIS records were canceled, students faced the termination of their student visas and their ability to remain in the U.S. UW-Madison notified students of the changes to their SEVIS status, warning them that status termination generally means an affected person should depart the United States immediately. 'I admire him for acting quickly,' Lotfi told the Wisconsin Examiner. 'He saw that his SEVIS record was terminated, immediately contacted the university to see what it means, did not attend classes for a week to figure out what's going on, [and] hired a lawyer immediately.' In April, U.S. District Judge William Conley issued a temporary restraining order blocking the government from terminating Isserdasani's SEVIS and from taking any further related actions. That order noted Isserdasani and his family had spent about $240,000 on his education, stood to lose $17,500 on the current semester's tuition and would be responsible for four months of rent on an apartment he would vacate if he was forced to leave the country. With the temporary restraining order in place and providing some protection, Lotfi said he was able to resume attending classes. 'That doesn't necessarily mean he feels entirely welcome and free and comfortable,' Lotfi said, 'but he's doing the best he can with the cards he has in the situation.' At the end of April, the Trump administration started reversing the cancellations. Administration attorneys said in court that they were working on developing a policy that would provide a framework for SEVIS record terminations. Lotfi said she is 'aware of what they're thinking about' and that if they're trying to find a way to make the terminations lawful, that 'will likely be challenged again.' Lotfi said the Trump administration's step back from the cancellations is a win. This is not the first time she has fought a Trump order involving immigrants, having brought a challenge in 2018 to the Muslim travel ban during Trump's first term. 'It was a coalition of attorneys nationwide bringing so many [temporary restraining orders], so many lawsuits on behalf of so many students all at the same time — and the government not having any defense to any of it — that caused them to have to reevaluate,' Lotfi said. As of April 28, the 27 cancellations for UW-Madison students and alumni were reversed as were the 13 for UW-Milwaukee. However, the reversals are not the end of Isserdasani's case. When it comes to his case, Lotfi said it appeared during a hearing last week that the government attorneys were not changing their plan to eject Isserdasani based on the administration's perceived change in stance on international students' visas. She said the government's attorney indicated her client's SEVIS record was only active because of the temporary restraining order and that 'it was not related to any change in a government policy.' 'The government attorneys also indicated that they maintain their right to terminate his SEVIS record again in the future should that be necessary,' Lotfi said. 'It certainly surprised me, and I think it surprised the court that they were taking that position.' Lotfi noted that the government attorneys in Isserdasani's case have been arguing, based on a declaration by Andre Watson, a Trump Department of Homeland Security official, that the SEVIS record and a student's visa status are not the same. She said no one is buying the argument. 'The vast majority of judges nationwide are asking, then, why do you terminate the SEVIS record? What was the point of doing this? If you guys say that SEVIS and student status are not the same, does that mean that Mr. Isserdasani is in a lawful student status right now?' Lotfi said. 'They won't say that. They'll just say that the two are not the same, but they will not confirm that he is in a lawful student status with the SEVIS terminated.' The case challenges the cancellation of the record in several ways, including arguing that the government cannot just take away his status without due process — the ability for him to know why his SEVIS is being terminated and to challenge the termination — and arguing the cancellation was arbitrary and capricious. 'It's not that Isserdasani failed to go to class. It's not that he had a criminal activity [or] he was convicted of criminal activity. It's just because his name [was] in a database,' Lotfi said. In determining cancellations, the Trump administration had run international students' names through an FBI database called the National Crime Information Center. It appeared that an arrest for disorderly conduct in November 2024 was the reason for Isserdasani's SEVIS cancellation, but charges were never pursued and he never had to appear in court. Lotfi said she and her client are waiting for the court's written decision on whether the temporary restraining order will be converted to a preliminary injunction, which would prevent actions by the government through the course of litigation. Then, she said, litigation will continue, which can take time. 'It is in the interest of justice, and in the interest of the American people, that a final decision on the merits of the case is issued,' Lotfi said. Lotfi said people shouldn't accept the Trump administration's accusations against foreign students as true. 'These students are in a foreign country. Many have learned a second language… They are young and alone without family. They are following this country's rules and regulations, and they didn't do anything wrong,' Lotfi said. 'They don't deserve this.' 'If it's a U.S. citizen, we say innocent until proven guilty… Why do we not have that same mindset when it comes to foreign nationals?' she added. 'It just seems like any arrest for anything then that's guilt, and that's not the case. We would never allow that for any of our neighbors, so we should not accept the administration's description of international students having violated their status when they didn't.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
15-04-2025
- Politics
- Yahoo
Judge says UW-Madison international student with terminated visa can't be deported for now
(This story has been updated with new information.) A federal judge barred the government from taking any action against a University of Wisconsin-Madison engineering student from India, delivering a temporary blow to the Trump administration's sweeping campaign to revoke international student visas. The April 15 order prevents the Department of Homeland Security from revoking the visa or detaining Krish Lal Isserdasani, 21, who was expected to graduate with a bachelor's degree in computer engineering in early May. The request for a temporary restraining order was brought by Madison attorney Shabnam Lotfi after Isserdasani's record was terminated in the government's Student and Exchange Visitor Program (SEVIS) database. More: How many international students at Wisconsin universities have had visas revoked? "He was given no warning, no opportunity to explain or depend himself, and no chance to correct any potential misunderstanding before his F-1 student visa record was terminated in SEVIS," the order said. Judge William Conley of the Western District of Wisconsin handed down the order, saying Isserdasani was not convicted of a crime, and his claim of wrongful visa termination had a "reasonable likelihood of success" in the courts. He set a preliminary injunction hearing for April 28. The order is believed to be one of the first victories nationally for international student visa holders whose records were terminated, according to Lotfi. Hundreds of students have seen their SEVIS records terminated abruptly, "The judge heard us," Lotfi said moments after the order came down. According to the order, Isserdasani was arrested Nov. 22, 2024, for misdemeanor disorderly conduct after he and his friends got into an argument with another group of people after leaving a bar. Dane County District Attorney Ismael Ozanne declined to charge Isserdasani in the case, and he never appeared in court, the order said. Isserdasani "believed the matter was completely resolved with no possible immigration consequences," the order said, and he had no other interactions with law enforcement. UW-Madison staff in the International Student Services office informed Isserdasani by email that his record had been terminated, according to the order. The reason listed was: "Individual identified in criminal records check and/or has had their VISA revoked. SEVIS record has been terminated." The termination would prevent Isserdasani from completing his degree and applying for a program that would allow him to work while remaining on his student visa, the order said. Isserdasani and his family have spent about $240,000 on his education in the U.S., and he stands to lose $17,500 in tuition for this semester, according to the order. The termination of the students' records in the SEVIS database means they have lost their legal status in the U.S. and they must either leave the country immediately or take legal action to try to stay. "He reports being afraid to leave his apartment for fear of being apprehended at any moment," the order said. The order also weighed in on the visa termination of Hamidreza Khademi, 34, of Iran. He graduated with a master's degree in architecture from Iowa State University in 2023 and had been working on an employment extension of his student visa overseeing infrastructure projects at Dallas-Fort Worth International Airport. Khademi was arrested in February 2024 after an officer tried to pull him over, saying Khademi didn't use his turn signal while changing lanes, according to the order. Khademi said he did not know the officer wanted him to stop. The Texas Department of Public Safety determined there was no violation, according to the order. No charges were filed. Khademi had no other other interactions with law enforcement. An email from Iowa State on April 10 informed him of the visa termination. It cited the same reason as Isserdasani's and said his employment permit ended immediately. The loss of his salary has created a 'catastrophic financial hardship' for his family, the order said. His wife, pregnant with their first child, is due this summer. In the order, Conley questioned whether Khademi's claim was filed in the right court, because he seemed to have no ties to the court's jurisdiction of western Wisconsin. He declined to rule on the motion for a temporary restraining order for Khademi, asking both parties to file additional briefs by April 16. Khademi's attorney, Lotfi, has a history of challenging the Trump administration. During Trump's first term, she was part of a class-action lawsuit related to the so-called Muslim travel ban. A judge in 2024 ruled that certain people from several Muslim-majority countries whose visa applications were denied during the first Trump administration could submit new visa applications. The visa terminations are among at least 57 at Wisconsin colleges and universities as of April 15. The terminations include current students as well as alumni who were legally working on their student visas after graduation. The State Department has offered little insight into how and why specific students were selected for visa termination. Officials at UW-Madison and UW-Milwaukee said they did not believe the terminations at their schools were related to free speech or protests. Some other students nationally have been targeted for their participation in pro-Palestinian protests last year. "We don't go into the rationale for what happens with individual visas," State Department spokeswoman Tammy Bruce said last week at a news conference. "What we can tell you is that the department revokes visas every day in order to secure our borders and to keep our community safe, and we'll continue to do so." Nationally, a number of student visas have been terminated for no apparent reason or for minor violations, such as speeding tickets, that previously would not warrant such a serious consequence, according to lawsuits filed by students in other states. The Presidents' Alliance on Higher Education and Immigration, which represents more than 570 public and private colleges and universities across the country, said recent revocations appeared to lack cause and raised concerns about fairness and due process. "The government's actions and rhetoric create an atmosphere of fear, threaten academic freedom, chill free expression, and jeopardize the well-being of noncitizen members of our campus communities," the organization said in a statement. This story will be updated. Contact Kelly Meyerhofer at kmeyerhofer@ or 414-223-5168. Follow her on X (Twitter) at @KellyMeyerhofer. Sophie Carson is a general assignment reporter who reports on religion and faith, immigrants and refugees and more. Contact her at scarson@ or 920-323-5758. This article originally appeared on Milwaukee Journal Sentinel: University of Wisconsin student wins temporary visa protection
