|
Sameh's
timeline |
|
|
| 1993 |
SSK
refuses to convert; supervisor withholds pay |
| 1994 |
SSK
abducted and sodomized by two 'special agents' who demand his
conversion |
| 1995 |
SSK
is threatened 'conversion or death' daily by two colleauges and
other unknown men; police ignore complaints |
| 1996 |
Former
colleague takes him to local police station; he is detained for
two days and beaten with a glass sheet; he is released because
agrees to consider conversion |
| 1997 |
SSK
is attacked; his car is destroyed by unknown men; these men
later confront him at work, identify themselves as 'Islam is the
Solution' and demand he convert and marry a Muslim |
| Oct-97 |
SSK
is brought to local police station, detained for 2 days, and
brought girl to marry, instead given 24 hours to convert; his
wife is abducted and raped for 3 days |
| 10/16/97 |
M
files complaint against SSK for assaulting her at her home; SSK
pledges not to harass her again (even though he hadn't harassed
her in the first place); M withdraws complaint |
| 12/7/1997 |
KH
and A travel to US |
| 12/29/1997 |
(Approx.)
SSK learns mother has been abducted by SSI in Egypt |
| 12/31/1997 |
SSK
returns to Egypt; mother is released; SSK is arrested and
beaten, causing an ankle injury |
| 2/10/98 |
SSK
(supposedly) calls M 7 times, to restart their relationship,
M then allegedly discovers Y's dead body surrounded by
blood and glass shards at their apartment |
| 2/10/1998 |
SSK
taken to a branch of Egyptian FBI; M, parents, and others
affiliated with Islam is the Solution are present; he refuses
conversion; they attempt to sodomize him; a woman throws a vase
at him, severely injuring his hand; he is sent to Cairo Medical
Center; he escapes; he flees to New York |
| 2/11/98 |
Egypt
accuses SSK of murder and contacts US; US State cancels SSK's
visa; SSK arrives in the US; KH is detained at the airport and
is interviewed by INS officer; |
| 2/17/98 |
Egypt's
Ministry of Foreign Affairs (Office of the Asst. Minister of
Foreign Affairs for Int'l Legal Affairs and Treaties) asks the
American Embassy in Cairo to extradite SSK
to stand trial for being accused of murdering Youssef);
based on the 8/11/1874 Extradition Treaty between the US and
Ottoman Empire which has continued in force between the US and
Egypt; Sadek considers the request groundless because there is
no evidence that he is guilty beyond reasonable doubt (i.e.
autopsy), let alone reciprocal extradition treaty (i.e.
obsolete) |
| 2/19/98 |
SSK
prepares application for asylum and withholding of removal under
INA; gives different statement, of persecution |
| 3/5/98 |
SSK
is given 'credible fear' interview |
| 4/9/98 |
DOJ
issues letter to INS without conducting its own independent
investigation that Egypt's request is legal and well founded |
| 1/4/99 |
BIA
affirms SSK's removal |
| 7/26/99 |
BIA
reopens SSK's proceedings to allow him to apply for
newly-created protection under CAT |
| 10/1/99 |
Hearing
is held before IJ Walter Durling in York, PA; he hears testimony
and receives additional documents re: treatment of Copts in
Egypt plus State Dept's country report, also evidence of abuse
and abduction; Sadek testifies as expert witness on torture and
persecution; Georgette testifies as well |
| 11/15/99 |
Hearing
with Durling in York continues |
| 1/11/00 |
Hearing
with Durling in York continues |
| 1/14/00 |
Durling
grants deferral of removal to Egypt, having found likelihood
that SSK would be subject to torture in Egyptian detention, even
though he found SSK could get a fair trial yet lacked
credibility |
| 7/24/00 |
BIA
affirms Durling's decision and denies INS appeal to have SK
removed |
| 12/5/00 |
Kathleen
requests info from DOJ, Interpol-US National Census Bureau under
FOIA/PA about criminal investigative records |
| 12/13/00 |
DOJ/USNCB
receives Kathleen's request under FOIA/PA |
| 12/15/00 |
DOJ/USNCB
replies that it found no criminal investigative records as of
Mar 93 |
| 1/23/01 |
SSK's
counsel Irwin Berowitz requests custody review by independent
party rather than deportation officer or release through
humanitarian parole: he is not a security risk; he suffers from
ulcers, depression, and other medical conditions worsening in
detention |
| 4/10/01 |
2nd
Circuit Court of Appeals endorses parties' stiuplation that
withdraws SSK's petition for review of the BIA's 1/4/99 decision
affirming his first removal order; provides for remand to permit
SSK to testify whether there are serious reasons to believe he
committed a serious nonpolitical crime outside the US |
| 10/26/01 |
Hearing
continues; Vomacka orders SSK removed; again denying SSK's
application for asylum and withholding of removal; he explains
that there is serious reason to believe he committed a serious
nonpolitical crime outside the US; that expert witness was not
convincing or even necessarily relevant |
| 11/5/01 |
Hearing
is held before Vomacka; SSK does not testify; Kheir testifies as
expert on Egyptian government's pattern of fabricated charges
against Christians to punish them for Muslim crimes but not to
coerce conversion |
| 3/7/02 |
BIA
dismisses SSK's appeal; instead it affirms IJ's decision to deny
SSK's request for asylum and withholding of removal, and orders
him removed |
| 4/5/02 |
INS
reconsiders (w/in 30 days), based on two administrative
decisions issued that change laws governing eligibility for CAT
protection: first, poor prison conditions and isolated acts of
brutality are insufficient to establish likelihood of torture;
second, ultra vires
acts of brutality by government agents are not protected under
CAT |
| 5/7/02 |
BIA
vacates previous decision to defer SSK's removal under CAT,
since the two decisions clarify how CAT should be applied, and
any acts perpretrated against him were lawful given his criminal
prosecution |
| 7/8/02 |
BIA
denies SSK's petition to review CAT finding and clarifies
reasoning for 5/7/02 decision |
| 3/26/03 |
SSK's
former coworker at American embassy in Egypt Herby Hamby writes
letter of support for KH |
| 10/2/03 |
SSK's
appeal argued in 2nd Circuit Court of Appeals before Judges
Cardamone, Miner and Calabresi; since appeal only for 5/7/02
(and 3/7/02?) decision, Court does not consider BIA's 7/8/02
clarification |
| 10/14/03 |
Both
parties agree to proposed order of Court to vacate BIA's 5/7/02
decision and dismiss SSK's petition with respect to that
decision; Court is 'troubled' by government's attempt to avoid
Court decision because it will affect definition of torture and
so declines to grant order and review SSK's CAT petition anyway |
| 2/24/04 |
SSK's
appeal decided: petition for review of denying asylum and
withholding decision denied, petition for review of CAT decision
granted, and that decision vacated since BIA decision contrary
to CAT Article 3 (prohibits deportaing any person to a stat
where there are substantial grounds to believe the person would
be subjected to torture, regardless of evidence of past crime),
which Congress intended (and its interpretation takes precedence
over the Attorney General's?) to cover criminals and
'acquiescence' by the Senate Foreign Relations Committee (under
Reagan) and then by the 1st Bush administration to be as broad
as 'awareness', including actual knowledge and willful
blindness; the BIA and Attorney General have 'erred in adding a
requirement of official "consent or approval"' |
| 4/29/04 |
SK
files appeal |
