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Marshall and Amy had another looming immigration case to consider. Rima Al-Baklavi surrendered to ICE. As Marshall prompted her to do, Rima told immigration officials she came to the United States by private charter to escape a terrorist network. Following the death of her husband, she was threatened by terrorists. She knew that those who assumed power in Syria would execute her if she returned.
The legal process for Rima to remain in the United States was similar to that of Mary Carmen and Miguel Gonzalez, with one significant difference. The premise of Rima’s application, while truthfully averred, contained elements of deception. It was undoubtedly true that Rima faced death in Syria. However, she, not some terrorist network, killed her husband.
Rima traveled to the United States to avoid a revenge killing at the hands of her husband’s terrorist network, a network she once prominently and loyally served. Marshall planned to handle the oral argument with Amy as second chair. His difficult legal challenge was to argue the positive aspects of Rima’s application for asylum without revealing the negatives. He couldn’t permit her to lie under oath because he’d be suborning perjury, a felony punishable by up to five years in prison.
Attorneys also have a special duty as officers of the court. Not only was Marshall barred from trying to influence Rima to lie under oath; he was also not permitted to call her as a witness to testify if he knew she would lie under oath. Marshall’s obligations under the law had to be carefully explained to Rima. Under no circumstances could she answer a question dishonestly.
Marshall’s duties as an officer of the court also extended to his own arguments before the court. If he knowingly made false statements or deliberately misled the court, he could be disbarred for misconduct, or worse, be guilty of a crime. So, the challenge for Marshall and Rima, the needle Marshall had to thread, so to speak, was to direct the testimony toward facts and situations that would compel the judge to grant asylum, without Rima ever being asked a question which, if answered, might tend to incriminate her.
Three short weeks after they appeared in front of Judge Farhat on the Gonzalez matter, Marshall and Amy were back in court on the Al-Baklavi case. This time, the immigration judge was Irving Tucker, a veteran jurist appointed years earlier by George W. Bush. Tucker was far more conservative than Farhat, but his many years on the bench resulted in a moderation of his previous conservative leanings. Amy had never appeared before Tucker. Marshall was pleased with the draw. By sheer coincidence, James Theurer again represented the government.
Tucker (and most immigration court judges) utilized the same cattle-call type approach to his docket as Farhat. The courtroom was packed with attorneys and clients waiting their turns for justice. Cases were called in order of appearance time, with attorney-represented cases and clients being called before the cases of those who had no lawyer. About forty-five minutes after they checked in, the clerk called: In the Matter of Rima Al-Baklavi.
Rima heard her name and looked over to Marshall in a panic. Marshall smiled and raised his hand to his waist, palm up, signaling for her to rise.
Judge Tucker introduced himself to Rima, had the attorneys identify themselves for the record, and asked Rima to state her name and address for the record. Rima quietly muttered her name and turned to Marshall in desperation. She was in federal custody at a detention center and had no formal ‘address’ in the United States.
“Your Honor, my client is currently a guest of the federal government, a resident of one of its fine detention centers.”
“We’ll ignore the sarcasm for now, Mr. Mann. Which detention center, please?” Judge Tucker grunted.
“Detroit, Your Honor. The East Jefferson facility,” Marshall replied.
“Circumstances, Mr. Mann?”
“Yes, Your Honor. My client has escaped from Syria. Two American citizens were being held hostage in northern Syria by ISIS. My partner traveled to Syria and attempted to negotiate the release of the hostages. His security and negotiating teams encountered, shall we say, armed resistance. Ms. Al-Baklavi provided intelligence and assistance to the negotiating team, which resulted in the safe recovery and return of the hostages. Her assistance made it dangerous, no . . . life-threatening, for her to remain in Syria, so the team brought her to the United States and turned her over to immigration authorities. At that time, I filed an asylum petition, Your Honor. She has been in custody ever since. We seek ROR pending a decision on the merits of her petition.”
“So, she entered the country without following appropriate protocols?” Judge Tucker presumed.
“Technically true, Your Honor. She does not have a passport but surrendered herself to authorities upon arrival. Her return to Syria would be a death sentence, judge.”
“Understood. How’s her English? Does she understand the nature and purpose of these proceedings?”
“She speaks some English, Your Honor. An interpreter would be appropriate in the future. For the purpose of this hearing, I will accept the responsibility of explaining what happens.”
“Very well, counselor. What’s your pleasure?”
“Your Honor, petitioner seeks protection under the United Nations Convention Against Torture and an immediate release into our custody until your final ruling on her petition. She barely escaped Syria alive, surrendered herself immediately upon arrival, and submitted herself to U.S. jurisdiction, our laws, and this honorable court. We seek visitor status, petition for asylum, and a withholding of removal proceedings until her status can be determined.”
Proceedings droned on, very similar to Gonzalez. Future dates were proposed, calendars compared, and new dates were scheduled. The judge asked Rima to designate her home country. She again turned to Marshall, confused.
“My client has escaped from Syria, Your Honor. She is confused by the term ‘home country.’ She no longer regards Syria as her home,” Marshall pontificated. “She is terrified to return to Syria, Your Honor.”
Marshall then reiterated his requests.
“Understood, counselor. The record shall reflect that the petitioner’s country of removal is Syria. I hereby order ICE to review our various no-fly lists and appropriate databases as they may relate to the petitioner herein. The United States, post 9-11, has an extensive visa security program, and I hereby order all security program protocols be implemented. I am instructing ICE to treat Ms. Al-Baklavi as if she was seeking a visa to come to the United States on a non-emergency basis. Would she qualify to get a plane ticket to America if she wished to visit? I invite the attorneys to work out petitioner’s current lodging status. Do we require a bond? Does she need to stay in detention? Does the petitioner have relatives in the area? Rather than clog the record, I’d like you to find a conference room. Work out these details, considering the safety of our citizens, the safety of the petitioner, and the likelihood that she will appear at her next scheduled court date. Are we clear, gentlemen?”
“I believe we can work these things out, Your Honor.” Theurer spoke for the first time since announcing his appearance.
“I agree,” Mann assented.
“Then get to it. Officer Jackson, find these attorneys a room, please?”
“On it, Your Honor.”
“Call the next case.”
Officer Jackson led the attorneys into a conference room. Rima was taken to ‘holding,’ a guarded conference room.
“Good to see you again, James,” Marshall began.
“You, too, Marsh. We’re becoming such good friends.”
“I’m counting on it, good buddy,” Marshall grinned.
“Amy? How’s it going? Learning a lot?” Theurer quipped.
“Learning superior advocacy skills from Marshall, and deplorable government conduct from your client,” Amy snapped.
“Hey, I just work here, guys. I don’t have much latitude in these types of situations, especially with Syrian rebels.”
“She’s not a Syrian rebel, James. Come on now, both of you, can we curb the hostile rhetoric?” Marshall suggested. Amy nodded her assent.
“What’s your pleasure?” Theurer changed the subject.
They discussed a somewhat factual version of Rima’s harrowing escape from Syria, with Marshall carefully steering away from disclosing her marital and criminal status in the eyes of Syrian law. The ultimate question was securing her attendance for the next court date. Amy suggested a release into Marshall’s custody, indicating that she or Marshall would readily agree to accept full responsibility for her appearance. Theurer wanted her to remain at the detention center, in custody, until a final determination was made on the merits of her petition.
The law permitted either of these extremes, as well as a middle ground. Eventually, the attorneys got around to discussing bond. ICE has the discretion to grant bond to someone in immigration custody—both lawyers were acutely aware of the law in that regard. A bond would allow a petitioner to post, be released from custody, and return home while proceedings are pending. However, not all immigrants are eligible for a bond. Rima Al-Baklavi had three hurdles to overcome to make James Theurer feel comfortable agreeing to bond: She had no ‘U.S. home.’ Could Marshall and Amy truly guarantee her multiple court appearances? Would her release create a danger to the community? While she had no criminal record, she hadn’t been in the country long enough to have one. Her short-term status in the United States, on paper, all but rendered her ineligible to post bond. Bond is discretionary with the judge, though, and Marshall reminded Theurer that it was the judge who mandated this meeting. He offered to stipulate to and post a high bond. He also agreed, as an officer of the court, that Rima would appear for all scheduled court dates that required her appearance. When the discussions became contentious, Mann stood up and demanded to see the judge. He knew that bond refusals and amounts are reviewable by the presiding judge and was testing his adversary. Theurer caved, ultimately agreeing to a $25,000 bond. Marshall also had to agree to find Rima mutually acceptable lodging within three days.
When an agreement was reached, the attorneys returned to the courtroom and placed it on the record in front of Judge Tucker.
“Glad you could work it out,” the judge lauded. “See you soon.”
Marshall and Amy exited the courthouse, accompanied by their bewildered but jubilant client. Both wondered what flags the name ‘Al-Baklavi’ might raise for ICE. After all, Rima’s country of removal was Syria, the principal sponsor of ISIS and Mid East terror. The judge was correct to be cautious—his ruling was sensible. Marshall, with Amy’s help, made the best deal he could under the circumstances.
Contrary to his strategy in Gonzalez, Marshall did not request an expedited hearing. Barring any affirmative presentation of evidence that Rima was connected to terrorists, Marshall and Amy were confident they could obtain asylum. Judges do not like to sentence women to death. If Rima was permitted to stay in the United States and stayed out of trouble, time was her friend. The two lawyers would happily agree to time delays and adjournments to put significant time distance between the events of the hostage escape and Judge Tucker’s final ruling on her application.
If the judge granted asylum, the time element would make no difference to the outcome. However, if Tucker decided to deport Rima, and his ruling was rendered a year or two post-incident, the terrorist threat might be diminished. Rebels seeking her death might be defeated or otherwise neutralized. This was Rima’s best hope, short of asylum.
Reed Spencer would be spending additional time researching the extreme conditions that existed on the Syrian-Turkish border and the legitimate threat to the life and safety of Rima Al-Baklavi. An asylum hearing loomed, at present, six months from now. Could Reed develop compelling evidence that a return to Syria would mean death for Rima Al-Baklavi? Time would tell.
