The future of Asif Amin Cheema, a 63-year-old Humboldt Park restaurant owner, hangs in the balance as his family fights to prevent his deportation to Pakistan. A Chicago court recently denied a motion to stay his removal, leaving the family fearing imminent deportation if the Board of Immigration Appeals does not intervene.
Legal Battles and a Recent Setback
Cheema, who owns Best Sub #2 at 2653 W. North Ave., could be deported at any time, according to his attorney, William McLean. The only remaining hope lies with the Board of Immigration Appeals, an administrative body within the Department of Justice, reopening his deportation appeal. This comes after the 7th U.S. Circuit Court of Appeals refused to extend a temporary halt to his removal on Monday.
“What that means is the government, if they can get their stuff in order, are free to remove him,” McLean stated. If Cheema is deported before the Board of Immigration Appeals rules, his appeal will be voided.
A Family’s Plea
Rabia Amin, Cheema’s daughter, expressed her family’s distress. “It’s very disappointing. We voted for the courts to serve justice and bring balance,” she said. “We still are not going to stop. He is our dad, a hard-working immigrant. I stand by everything we have done.”
The family learned of a 1993 removal order only when Cheema was detained in September during Operation Midway Blitz. They claim he was never given a fair opportunity to contest the original order.
Health Concerns and Pending Ruling
Cheema’s health has become a central concern. He was hospitalized after collapsing at O’Hare Airport last week while awaiting deportation, reportedly due to a lack of diabetes medication. He has since been returned to ICE custody in Indiana and is again receiving medication.
The Board of Immigration Appeals has expedited its review of the family’s appeal, but a favorable ruling is not guaranteed. Amin, also an attorney, is exploring all available legal avenues to prevent her father’s deportation.
What Happens Next?
If the Board of Immigration Appeals reopens Cheema’s case, he may be allowed to remain in the United States while his appeal is considered. However, if the board denies the appeal, Cheema could be deported to Pakistan. McLean indicated that an appeal of Monday’s removal order denial could potentially be filed with the U.S. Supreme Court, though its success is uncertain. A spokesperson for the Department of Homeland Security confirmed that Cheema remains in custody pending removal.
Frequently Asked Questions
What is the Board of Immigration Appeals?
The Board of Immigration Appeals is an administrative appellate body within the Department of Justice. It reviews decisions made by immigration judges.
When was Asif Amin Cheema first issued a removal order?
Asif Amin Cheema was first issued a removal order in 1993, though his family says they were unaware of it until his detention in September.
Where is Asif Amin Cheema currently being held?
Asif Amin Cheema is currently in ICE custody in Indiana.
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