Latest news with #Qatanani
Hindustan Times
19-05-2025
- Politics
- Hindustan Times
Can your green card be revoked by Pam Bondi at any time? What you need to know
The Justice Department has reportedly recently told the Third Circuit Court of Appeals that US Attorney General Pam Bondi is authorised to reconsider and even revoke green card holders' lawful permanent residency at any time. In case the court backs the Trump administration's position, the decision could allow the government to revoke a green card several years after it was issued, Newsweek noted. According to some critics, this could end up eroding due process. After taking office, Donald Trump vowed to deport migrants without legal status, majorly targeting those with criminal records. However, according to Newsweek, reports showed that people with valid documentation and no serious criminal history have also been detained. During a Third Circuit hearing recently, the Justice Department claimed that Bondi has the right to revisit and potentially revoke green card holders' residency status at any time. This step could impact millions of permanent residents in the US. The Justice Department's argument comes amid the case of Mohammad Qatanani, a Palestinian-born imam. Qatanani, who has lived in New Jersey since 1996, reportedly led one of the state's largest mosques. For two decades, he has been trying to seek permanent residency, but his 1999 application was denied in 2006. Federal officials went on to cite a 1993 Israeli detention and an alleged connection to Hamas. However, Qatanani denied the allegations, and he was simply detained and mistreated. Immigration judges ruled in Qatanani's favour twice. However, the Board of Immigration Appeals intervened and revoked his green card. He subsequently appealed the decision. Justice Department attorney Lindsay Murphy claimed that whether or not the immigration judge's ruling in favour of Qatanani was finalised, the Board of Immigration Appeals was authorised to reopen the case at any time. Judge Arianna Freeman, a Biden appointee, expressed scepticism during the hearing, saying, "Do you mean even 10, 20 years later?" "The regulation doesn't impose any time limit, so yes," Murphy added. "But that certification requirement comes also with the requirement that there be exceptional circumstances." "The law contained within the Immigration and Nationality Act is clear. The Department of Homeland Security cannot unilaterally "revoke" a permanent resident's status," Amelia Wilson, Assistant Professor of Elisabeth Haub School of Law at Pace University, told Newsweek. The agency has to follow a formal process, including issuing a "Notice of Intent to Rescind" and providing the person the right to a hearing before an immigration judge. "During these proceedings, it is the government that bears the burden of proving by clear, unequivocal, and convincing evidence that the permanent resident should have their status taken away. At that point, it is the immigration judge—and only the immigration judge—who can effectively strip an individual of their green card," Wilson said. "The Trump administration's proposal in front of the Third Circuit Court of Appeals is not a new legislative measure but a reinterpretation of existing green card law, one that has the potential to fundamentally alter the legal rights of lawful permanent residents," said Bradford Bernstein, managing partner at Spar Bernstein.
Time of India
16-05-2025
- Politics
- Time of India
Green cards could be revoked at any time under newly proposed rule
Live Events You Might Also Like: US Visa Bulletin for June 2025: No major relief for Indian green card aspirants You Might Also Like: Trump administration warns Green Card holders: Law violations could lead to revocation The US Justice Department told the Third Circuit Court of Appeals this week that Attorney General Pam Bondi has the authority to reconsider and potentially revoke the lawful permanent residency of green card holders at any time. The case, if decided in favour of the government, could allow green cards to be withdrawn years or even decades after being issued, according to a report by remarks came during a court hearing involving Mohammad Qatanani, a Palestinian-born imam living in New Jersey since 1996. He has led one of the state's largest mosques and has been seeking permanent residency for over 20 years. Federal officials denied his application in 2006, citing a 1993 detention in Israel and alleged links to Hamas. Qatanani denies the allegations, stating he was detained and judges ruled twice in Qatanani's favour, most recently in 2020. However, the Board of Immigration Appeals later reversed the decision and revoked his green card. Qatanani appealed the the hearing, Justice Department attorney Lindsay Murphy argued that the immigration judge's ruling had not been finalized due to missing procedural steps, such as visa number assignment and biometric updates. As per the Newsweek report, she said, 'The regulation doesn't impose any time limit, so yes,' when asked if green card status could be challenged even after 10 or 20 years. 'But that certification requirement comes also with the requirement that there be exceptional circumstances.' Judge Arianna Freeman questioned this broad interpretation, asking, 'Do you mean even 10, 20 years later?'(Join our ETNRI WhatsApp channel for all the latest updates)Legal experts have raised concerns about the implications. Amelia Wilson, Assistant Professor at Elisabeth Haub School of Law at Pace University, told Newsweek, 'The law contained within the Immigration and Nationality Act is clear. The Department of Homeland Security cannot unilaterally revoke a permanent resident's status.' She added that revocation requires a formal process, including a Notice of Intent to Rescind and a hearing. 'It is the government that bears the burden of proving by clear, unequivocal, and convincing evidence,' Wilson Bernstein, managing partner at Spar Bernstein, said, 'The government is arguing that it can revoke a green card years or even decades after it was granted, based solely on a claim that an immigration judge did not complete all the administrative steps.' He warned, 'Accepting this argument would severely undermine the due process rights of permanent residents.'Wilson added, 'The Justice Department's position before the Third Circuit is yet another attempt to terrorize immigrant communities. The Trump administration is telling noncitizens that they are never safe from sudden detention and deportation.'If the court rules in favour of the government, the decision would apply within the Third Circuit's jurisdiction—Pennsylvania, New Jersey, and Delaware. However, it could set a precedent and, if upheld by the Supreme Court, impact immigration enforcement nationwide.
Yahoo
16-05-2025
- Politics
- Yahoo
AG Pam Bondi has the power to revoke green cards at any time, Justice Department claims
The Justice Department has suggested that Attorney General Pam Bondi has the authority to revoke green cards as she sees fit. DOJ attorney Lindsay Murphy posited Bondi's alleged power during a Third Circuit hearing in Philadelphia. If the court sides with the Trump administration's position, it could jeopardize the lawful residency status of the U.S.'s estimated 12.8 million green card holders. Murphy suggested that the attorney general has full discretion to revoke the permits at any time for any reason, even for legal permanent residents who had lived in the U.S. for decades. People with green cards can live and work in the U.S., receive Social Security, Medicare and financial aid for college and serve in the military. It comes as Donald Trump continues to ramp up his immigration crackdown, pledging to deport millions of migrants who don't have the right documentation and fueling concerns for those who do. The president has ordered DHS Secretary Kristi Noem to add 20,000 officers to enforce his deportation policies, and her agency is reportedly considering a TV show that would see migrants competing for citizenship and offering $1,000 incentives to immigrants who self-deport. Murphy made her argument during Tuesday's hearing, according to Newsweek, which focused on an ongoing case involving Mohammad Qatanani, the Palestinian-born imam who has lived in New Jersey since 1996. Qatanani has been seeking permanent residency in the U.S. and fought off deportation for decades amid government accusations that he is linked to the Palestinian terrorist organization, Hamas, which he denies. He was granted permanent residency in 2008 after an immigration judge ruled against his deportation, which the government appealed. The immigration judge ruled in favor of Qatanani in 2020 but a year later, the Board of Immigration Appeals, which sits within the DOJ's Executive Office for Immigration Review, reversed the ruling through initiating certification, ultimately rescinding the religious leader's green card. Murphy was pressed on whether there was a timeframe for certification, with U.S. Circuit Judge Arianna Freeman asking: 'Do you mean even 10, 20 years later?' 'The regulation doesn't impose any time limit, so yes,' Murphy added, before adding that it would require 'exceptional circumstances.' Probed on what qualifies as an exceptional circumstance, Murphy told the panel that the attorney general has full authority to make that determination. 'That's an extraordinary position for the government to be taking, don't you think?,' Freeman added.
