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Marshall Mann, Amy Fletcher, Zachary Blake, and Rima Al-Baklavi sat together at the petitioner’s counsel table, awaiting the arrival of Judge Irving Tucker. Two days earlier, while Zack was waging war with Lockjaw, Judge Tucker announced he had reached a decision in the Al-Baklavi asylum case. Legal experts and talking heads were all over the local and national news, assuring everyone that Tucker would grant asylum, especially after the euphoria and public praise heaped upon Judge Leo Farhat for his decision in Gonzalez.
Rima exhibited no signs of nervousness. Marshall guessed she was on the nervous side of calm. Given what she’d been through in Syria, he understood why all of this seemed rather anti-climactic. Rima sat quietly and patiently, watching press observers, attorneys, and government workers slowly file into the courtroom. Of the three participants, the nervous one was Zachary Blake. He was proud of his team, proud of the work they did in Syria, and quite concerned that the government would err on the side of the many and punish the one. He hoped he was wrong, but that is what he expected. He sat for a while, stood up, walked to the back, and began pacing the back of the room, like an expectant father awaiting the birth of his first child.
James Theurer walked into the courtroom and greeted Rima and her legal team. Rima was expectedly cold in response. Despite her honest reaction, Theurer wished her good luck. The door behind Judge Tucker’s bench opened, and the court clerk, reporter, and second officer came through, taking their seats. The first officer was already standing in front of the bench, waiting to announce the appearance of the judge. A buzzer sounded and a second door opened. The diminutive Irving Tucker dashed in.
“All rise!” The first officer shouted as Tucker raced to his seat. “Please be seated,” Tucker cackled. He assumed the bench and pounded his gavel. Tucker welcomed the attorneys and parties and told the members of the gallery that they were guests in his house. He was aware of the noise and interruption that plagued the recent Gonzalez hearing, and he would evict anyone who violated proper courtroom etiquette. In fact, he threatened to hold all disruptors in contempt of court. He repeated a few housekeeping rules before reading his opinion for In the Matter of Rima Al-Baklavi.
“This had been an interesting case, one that has garnered extensive press coverage. However, justice is blind. My job requires me to shut down or filter out the noise of publicity and focus on the mandates of my oath. Regardless of the deluge of publicity, it is my job, in every case that comes before me, to listen to the facts, apply the law, and render a fair and just determination based upon fact and law. This Rima Al-Baklavi case is no different.
“Mrs. Al-Baklavi, as you know, I am Irving Tucker, Immigration and Naturalization Judge. We are here today to announce my ruling on your petition for asylum in this country. I have listened carefully to the arguments of attorneys on both sides of the case, and I compliment both on their advocacy and preparedness. Your clients, gentlemen, have been well represented. I have reviewed the briefs and attachments from both attorneys, listened to and reviewed testimony, and studied the many exhibits presented in corroboration of the evidence.
“After this rather exhaustive review, it is abundantly clear that Rima Al-Baklavi qualifies for and is entitled to asylum in the United States . . .”
As it did in the Gonzalez case, the gallery erupted in a mixture of cheers and boos. The court officer shouted for quiet. The judge banged his gavel and demanded order, threatening to have the courtroom cleared. The gallery quieted at the threat.
“One more outburst and I will find all of you in contempt,” the irate judge snarled. “Every one of you will spend the rest of the day in lockup. How does that sound?” He scowled at the gallery. One could hear a pin drop.
“Very well, then; let’s continue.” Marshall turned to a stunned Rima and smiled.
“With respect, I will refer to Rima Al-Baklavi as ‘Rima’ to avoid confusing her name with that of her late husband. Okay, Mr. Mann?”
“Fine by me, Your Honor,” Marshall grinned, glancing again at his stunned client.
“There is overwhelming evidence that Syria is a dangerous country, one that harbors and provides aid and comfort to Islamic terrorists. The evidence is far less clear that Rima was, at any time, a willing participant or sponsor of terrorist activity. It seems the only evidence of her possible involvement is the fact that she happened to marry a man well before he began to engage in terrorist activity. In addition to the government’s failure to demonstrate Rima’s direct or indirect involvement in terror, we have heard compelling testimony from hostage rescuers and the hostage that Rima provided comfort and care to the two hostages and, further, that she assisted in their rescue.
“The evidence also demonstrates that Rima’s brave actions have been communicated to terrorist networks in Syria. She is now a woman with a target on her back, someone whose courage and actions make it impossible to return to her home country. If I deny her petition and deport her, she would, undoubtedly, be tortured, imprisoned, killed, or all three. Records and reports produced by petitioner, not rebutted by the government, corroborate these theories. Furthermore, there has not been a shred of evidence produced to even suggest that Rima poses any threat to American citizens. No one witnessed Rima being engaged in any illegal or terrorist activity. Of most concern to Homeland is her marital status, or, in other words, her guilt by association.” Marshall was, again, amazed to have his words read back to him, almost verbatim, in a judge’s ruling.
“I could ramble on, like some of my brother and sister jurists, but specific findings of fact, supporting case law, and persuasive exhibits are discussed in my written opinion.” A clear swipe at Judge Farhat’s tendency to issue long-winded, politically charged opinions. Is Tucker a Republican? Marshall wondered.
“For our purposes today, my ruling is that Rima Al-Baklavi has met the criteria, and I hereby grant her asylum status. Mr. Mann? Ms. Fletcher? You may present an order for my signature. Mr. Theurer? The INS is instructed to act in haste to implement the mandates of my order. Is that understood?”
“Understood, Your Honor.”
“Excellent. We are adjourned.” The judge slammed his gavel and quickly exited. The gallery erupted in mixed response. Cheers overwhelmed boos and other negative responses.
Marshall, respectful of Rima’s Muslim heritage, did not embrace her. He politely smiled, put his right hand on his heart, and bowed slightly. Rima burst into tears of joy. Zack and Amy approached to the rear of Marshall and offered their hearty congratulations, imitating Marshall’s respectful hand-on-heart gesture.
“Oh, Mr. Mann, Mr. Blake, Ms. Fletcher, from the bottom of my heart, thank you so much. I never thought this would be possible.”
“You are very welcome, Rima. Good luck to you. Have you made arrangements here in the states?”
“Yes, I can now check out of the hotel?”
“Yes, but you must be careful. There are people here who disagree with Judge Tucker’s decision and may seek to cause you harm. Mr. Parsons’ men will continue to watch over you. Where do you intend to go?”
“I have relatives in Dearborn. I will be staying with them.”
“I recommend you connect with Imam Ghaffari and Lieutenant Shaheed Ali of the Dearborn Police. I also have a wonderful client, Arya Khan, who can help you navigate the community. I have their telephone numbers if you want them,” Zack offered.
“You are such a gift from Allah, Mr. Blake. Thank you,” she gushed.
“You’re welcome. I’m so glad that things worked out. Mr. Parsons’ man will take you back to the hotel to check out and get your belongings. Then, he will take you to your relatives’ place.”
“Thank you, again.”
As they exited the courtroom together, a horde of reporters descended upon them for the usual reactions to the ruling. Almost an hour after they began to leave, attorneys, security personnel, and one very happy client exited Irving Tucker’s courtroom.
