Washington Times June 23, 2014 by Alan Zagier
ST. LOUIS (AP) - A Missouri woman who faced deportation to her native Thailand after losing her green card over a felony theft conviction will remain in the U.S. following a last-minute reversal by immigration officials.
Komdown “Dow” Boyer, who moved to the U.S. as a child after her mother married an American soldier, was convicted late last year of stealing money from the pizza restaurant where she had worked a decade, most recently as general manager. Boyer, 44, was sentenced to probation and ordered to pay about $51,000 in restitution after pleading guilty to felony theft. She said she needed the money for bills after her husband, a mechanic, had his legs crushed by a car.
Talk about a crime involving moral turpitude. Komdown was stealing from her employer for over ten years.
And guess who was instrumental in obtaining her release, a former DHS employee and Muslim:
Defense attorney Javad Khazaeli told The Associated Press his client was taken suddenly on Monday from a Missouri county jail to an international flight preparing to leave Chicago’s O’Hare International Airport before the decision was overturned less than one hour before the scheduled takeoff. Khazaeli, a former federal counter-terrorism prosecutor for the Department of Homeland Security, said the government has that discretion in some low-level offenses.
Now, there are no "counter-terrorism prosecutors" in the Department of Homeland Security. All criminal prosecutions in the Federal criminal justice system are the responsibility of the Department of Justice.
Probably what the not very well educated reporter was referring to was DHS Immigration and Customs Enforcement (ICE) Office of the Principal Legal Advisor (OPLA), the office for ICE attorneys who "prosecute" deportation cases before the Executive Office for Immigration Review (EOIR), the so-called immigration courts. Which implies that Khazaeli was illegally lobbying his former employer, the OPLA, for special treatment of his client.
Since Khazaeli is both a former DHS attorney and a currently practicing attorney he should know that such preferential treatment received by his client was illegal as well, as it was the result of an illegal act by a DHS employee, the failure of a DHS employee to do their duty, remove criminal aliens.
“It took awhile, but we got the case in front of the right people,” said Khazaeli, who coincidentally was driving to St. Louis from his former home in Chicago Monday when Boyer’s husband left a series of messages on his cellphone. “They exercised discretion at the last minute.”
If discretion was available, why at the last minute? Except that there is no "discretion" for ICE to not deport a deportable alien, especially one with a major felony conviction. And it is clear that Khazaeli used his DHS employment and contacts to get it "in front of the right people." Certainly that option is not available to other convicted alien felons.
There is no "who you know" provision in immigration law, especially since "shall" is part of the Immigration and Nationality Act regarding convicted felons, as in "shall" remove said aliens from the United States.
Shawn Neudauer, a spokesman for U.S. Immigration and Customs Enforcement in Washington, said the agency released Boyer from custody and placed her on supervised release while it “conducts a further review of her case.”
Further review? What further review? She is a convicted felon and has been ordered deported by the EOIR. There is nothing for ICE to investigate.
But we soon find collusion between DHS and local prosecutors:
St. Francois County Prosecuting Attorney Jerrod Mahurin told the Daily Journal newspaper of Park Hills, Missouri that he will join Bower’s attorneys in asking a judge to set aside her conviction, which both the prosecutor and the defense lawyers said was obtained without Boyer, who was represented by another attorney at trial, being fully informed that a guilty plea could mean a forced separation from her family.
The fix certainly is in. A local prosecutor agreeing to have a case thrown out even though there is a guilty plea? And throwing it not because she is innocent, but because allegedly did not realize that she could be deported? But even if you believe the nonsense that she did not believe a confession would result in her deportation, then you refile the case based on the evidence you had that led the defendant to plead guilty. Prosecutorial ethics prevent a prosecutor from bringing cases unless the prosecuting attorney has evidence beyond a reasonable doubt as to guilt. Clearly Mahurin is an unethical prosecutor. The only question remains as to where he is erring in his ethics.
Even worse, this criminal has learned her lesson. Not the lesson about right and wrong, about not stealing $51,000 from your employer, but about getting naturalized so one cannot be deported. She knows now to commit the next crime after naturalization.
Khazaeli said the legal case against Boyer continues as he negotiates with the local prosecutor to get her conviction vacated.
“This case is nowhere near over,” the attorney said, adding that Boyer plans to change her status from legal permanent resident to naturalized citizen once the criminal case is resolved.
And I don't think Cici's Pizza is going to get their money back. And it serves them right for supporting their criminal employee. And for the record, she cannot be naturalized because she has admitted to essential elements of a crime involving moral turpitude. She is not of "good moral character," a requirement for naturalization. Also it is fraudulent to naturalize to avoid deportation.