Minhaz Kahn, DREAM Act-Eligible Neuroscience Grad, Set For Deportation

Categories: Immigration
minhazkahn.jpg
Minhaz Kahn is facing deportation on November 18.
​Federal immigration officials in San Francisco are ignoring a June memo from immigration authorities that deprioritizes deportation immigrants who came into the country as kids. In the most recent case, it's affecting a UC Riverside alumnus, who is fighting his case in court today. 

Minhaz Kahn, a 2009 UC Riverside graduate in neuroscience, was ordered Friday by Immigration and Customs Enforcement agent to wear an ankle monitor and purchase a one-way airline ticket to his native Bangladesh. Having entered the country at age four, and grown up in the Los Angeles suburb of Inglewood, Kahn is a textbook example of an immigrant eligible for the moribund DREAM Act -- Obama-back federal legislation that would provide a pathway to citizenship for immigrants who attend college or serve in the military. 

The Obama administration also announced in August that the Department of Homeland Security will focus its enforcement efforts on immigrants with a criminal history, and review some 300,000 pending deportation cases, setting aside those of non-criminals. 

Kahn, having moved to Daly City last week, must present the ticket to his agent at a check-in Thursday morning, at which point he'll also be filing a petition to stay in the country know as a "stay of removal." He'll argue that he fits several of the criteria that ICE Director John Morton outlined as grounds for ICE prosecutors to deprioritize deportation cases.

"The policy change said DREAM Act-eligible students and people with family in the United States who are citizens or married to U.S. citizens" should be eligible for prosecutorial discretion, Kahn told SF Weekly. "I qualify for [many of] the categories listed, yet they're going through with it." 

After Kahn's hearing, lawyers from the American Immigration Lawyers Association will be meeting with the San Francisco's chief counsel of the Department of Homeland Security Leslie Ungerman and ICE field director Craig Meyer to discuss how the new policies are being implemented, says Kahn's Arizona-based attorney, Mo Goldman. 

Immigration attorney Leah Price will also attend the meeting: "We're getting a lot of mixed messages ... the Morton memo looks golden, and says you should be applying prosecutorial discretion and when we show all these positive factors for our clients, they turn their heads and say no, we're not going to exercise prosecutorial discretion."

Kahn was arrested by immigration agents in his Inglewood home in 2009 because he and his mother had been illegally staying in the country since 1997. Kahn says the agents had come asking for his father, who had voluntarily left the country after being denied asylum in 1995, and was killed back in Bangladesh. 

"I literally woke up to strange men in my bedroom," Kahn says of his arrest. Since then, he has been living under ICE supervision in Los Angeles, checking in with agents periodically while he filed a failed asylum petition, and a marriage petition after he married a U.S. citizen this year. Yet when he moved last week to Daly City and reported into the San Francisco office, they called him back for an ankle bracelet and an order to leave the country. 

Kahn has been collecting letters of support to present this morning, and collecting signatures on an online petition at DREAM Activist.

Kahn says, if allowed to stay in the country, he'd like to become a physician's assistant, and plans to enroll in some science classes at community college in the area. For now, he works in the kid's shoe department at a Palo Alto department store.

The ankle bracelet, "is a very weird thing to have on you. I work with kids, and so I've been wearing the same pants for the last three days so I don't scare the kids. They're my only pants that will cover the bracelet."  

Kahn says he's trying not to get his hopes up, though his crime-free past, education, and marriage-based residency petition might help him out in immigration court. 

"My main concern is people who aren't married and in my relatively fortunate situation. A lot of people have it way worse, and don't get the bracelet -- they get put in jail."

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36 comments
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Immigrants2bfree
Immigrants2bfree

If ever there was a compelling case for prosecutorial discression, this is it.  Here is a youth who wants to serve the nation and baby boomers with work in the under-served health care industry.  We don't have enough people to do this work, and it is insane to educate this youth and send him to a place he does not know to compete against us!  Keep him here, he has a work permit, and does not need his employer to obtain anything.  Your calls and your action can make the difference in the life of this person.  Your good deed will come back to you and to the nation, you can be sure of it!  Tim Paynter Denver, CO

Phylow16
Phylow16

Oh please!!! There are plenty of American citizens that want to do this work. They just refuse to do it for slave wages. These Illegal Aliens need to take their gift America gave them and return to their homeland and educate those there. 

Ana Banana
Ana Banana

Those who used negative and idiotic jargon to state your mind are misinformed fools.

Hartwellr
Hartwellr

I know Minhaz. Minhaz has a work permit issued to him as a result of his following the rules/laws. He has done everything the right way. Followed the rules and has a solid, substantial case. This is why those of us who know this young man are shocked and angry at a dysfunctional system that preys on those that are legitimate in order to meet quotas instead of doing the right thing. Make no mistake, the reason that this system is so dysfunctional is corporate greed. Follow the money folks.

Phylow16
Phylow16

You must be one of the cronies camping out and disgracing America with your ridiculous demands. Sure who the heck wouldn't want to a living wage and all their debts paid. Cut the bull about the rich. They made their money and they deserve to keep it. We have a bunch of iPhone posters from OWC defecating in the streets of NYC and acting like filthy animals. You overstay your visa and are told to leave you leave. I have no sympathy for this person.

Caroline Eden
Caroline Eden

He was brought here at a young age because his father applied for asylum and was granted a stay in the U.S, so he was never an "illegal." When his father's petition for asylum was denied years down the road his father was deported to Bangladesh where he was murdered. This person hasn't done anything to you and all of you are making asinine comments about a person you've never met.  Fyi he has a work permit so again he's not an "illegal." 

NewYorkChick18
NewYorkChick18

This kid has worked so hard... I mean we spent all of this money and resources giving him an education. Might as well use him ! Sending him back is like training our enemies and creating competition.We need doctors to begin with, and our country pays money to bring people in the United States to work on these positions anyway. Instead of doing that, let's use what we already have, and that is people like Minhaz.

Masha
Masha

Current Immigration Laws were called broken and dysfunctional by many politicians and Mr. Obama himself. There are 4.5 American citizen children who live every day in constant fear of losing one or both parents due to deportation, there are thousands of American citizens who cannot adjust their spouses status. American citizens face separation from their family members for unknown period of time, possibly indefinitely.

Sign the Petition at http://wh.gov/b9y to return the value to the term : AMERICAN CITIZEN by: Immediately adjusting immigration status of American citizen's immediate family members (parents, spouses, children) to Permanent Resident.

Eshaan Patel
Eshaan Patel

He has a WORK PERMIT! Americans always complain about how immigrants take their jobs. Its not the immigrants fault he/she is willing to work harder than the average American considering the condition which they came from they will take the job and be grateful rather than complain. With this fact stated immigrants create a large portion of this economy much more than half you brain dead fools would think

Phylow16
Phylow16

That's a bunch of crap. America is so sick of this ridiculous excuse. Illegals work harder than American citizens. That is a bunch of lies. Illegals allow themselves to be taken advantage of because they are afraid to bring attention to themselves. Well no one should be abused and if you allow this it's your own problem. The same goes for this BS about Illegals bettering the economy. How are the bettering the economy. All the jobs are going overseas because American citizens refuse to work for slave wages and no benefits. It is just the opposite. Illegals have destroyed the economy by allowing themselves to be abused and the American government loves it. Anyone that deliberately overstays their visa should be deported immediately.

niko
niko

@yahoo-SWP37IEW4FDHPVB2FAZZ5BEN4Y:disqus ... "a job an unemployed american can be doing"????? really?? umm do you have a Degree in Neuroscience? yea, probably not.  Therefore, no you cannot do his job.  He got his job because he worked hard for it.  That's how you get jobs in this country, not by complaining. Sorry.

Random Citizen
Random Citizen

I'm sure he had to work really hard to work in the shoe dept, come'on guys he's obviously over qualified, and should be working at a more challenging job.  Don't reply to retard comments with more retard comments.  

niko
niko

haha well yes not the shoe store in particular.  I was referring to Minhaz earning a job in general, that's kind of what i got from that person's comment. Because i'm sure he'll be using his degree and will be working in the medical field pretty soon (given the opportunity).

Patriot
Patriot

He did not come to this country to take someone's job (as if job's are entitled to anyone?)

He has been here since he was 4, when it came of age for him to work, rather than actually take someone's ID and go on the dole, he used his own identification and got a job to fend for himself.

He earned his job because he is qualified. Americans need to stop thinking they should be handed over jobs they are clearly not qualified for. Minhaz is clearly OVERQUALIFIED for this job but still manages.

Gackorooh
Gackorooh

sir get your head out of your ass, when you get in deportation proceedings ICE hands you out a work permit to sustain yourself while you wait for court. Look at immigration law before you judge.

DreamACt
DreamACt

We need people like Minhaz to stay here in the US. he is a great person and has lots of goals. hes has a work permit from the new deportation guidelines issue by the morton memo.

DreamACt
DreamACt

He has a work permit.

Random Citizen
Random Citizen

This is one of those cases where some specific outdated laws need to be changed.  He's married to a US citizen, when did that stop being good enough.  This is obviously one of those situations where the law is not doing what it's supposed to be doing.  He's married to a citizen, that should be good enough.  Just like those laws that keep children away from their parents who are here legally, that just ain't right.  I wish these activist groups would focus on changing these specific laws one at a time, and update the system that way instead of asking for amnesty.  In other words focus on the clear and obvious errors in the system to change.  Hope things work out for you Minhaz!

Gackorooh
Gackorooh

He was here for years, visa expired, lost his asylum case, dad got murdered when he go deported, they gave him a work permit while he waits court, then your tax payer dollars got put to use by issuing him a bracelet, then he is about to be deported. That is how.

DreamACt
DreamACt

Keep strong! You will prevail.

Gackorooh
Gackorooh

you guys are fucking retarded no wonder America is set back.

Gma8x
Gma8x

If he is old enough to be illegally working, he should have been trying to make himself legal.  Is he too stupid to benefit from his dad's experience??/

Patriot
Patriot

1. he is working legally2. he is trying to legalize himself (see has marriage petition) when they told him to buy a plane ticket

UJ296
UJ296

I am really getting tired of all this happy crap for illegals. This fella is working, was attending school and all that being illegal? Why on earth did I not do this? Oh, I know ... because I like to be "legal" and obviously took the old school route doing things by the book. Result: I was naturalized and am not getting deported!

WWJD?
WWJD?

He has done everything possible to get his status corrected.  Perhaps you did not come at age four and were able to advocate for yourself.  WWJD?  Mercy with Justice

BlueFalc0n
BlueFalc0n

The one thing missing from the story is how he garnered the attention of ICE. What did he do to get the ICE agents to come get him? ICE does not pick people at random.

Sorry, Mr. Kahn, you are leaving something out.

BlueFalc0n
BlueFalc0n

If he was in process, why did they come again? There is something missing to the story. Sorry, but they don't just come because they spun the wheel and his name came up.

Patriot
Patriot

In 2009, ICE came to the last address they had on him...which is where he was because he never moved and never tried to hide. He and his family simply did not know their status was so messed up. Since then, he had been in efforts to adjust his case and had been checking in with ICE when all of a sudden, in the middle of his efforts, they decide to try to deport him.

Wolf Von Kath
Wolf Von Kath

an illegal alien is working? a job an unemployed American could be doing...why!?

Proud American
Proud American

How is he working being illegal? Either he's using stolen Id's or his employer is not complying with the law.

WWJD?
WWJD?

I believe Minhaz has a LEGAL WORK PERMIT which are issued to many immigrants who are in process of trying to LEGALLY get their status adjusted.  I think his attorney, Mo Goldman, and Minhaz's employer would not take their been slandered lightly. 

Patriot
Patriot

He has a work permit under his own name and ID

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