By Bethany McAllister, Esq.

The Four Steps of Deportation

The Immigrant court process contains four steps which we will go into in more detail below: Notice to Appear, Notice of Hearing, Master Calendar Hearing, and an Individual Hearing.

The Immigration and Customs Enforcement (ICE) is the part of the government responsible for enforcing immigration laws. If ICE determines that a person has violated immigration law, it will initiate deportation proceedings. The very first thing that ICE will do is refer the case to the Office of the Chief Counsel. The Office of the Chief Counsel prosecutes immigration cases.

The Chief Counsel will issue a Notice to Appear to the alien. A Notice to Appear is the official document used to inform the alien that ICE intends to have him or her removed from the United States. The Notice to Appear contains the allegations used to establish that the alien is no longer eligible to stay in the United States. The Notice to Appear will state the date, place, and time of the hearing. Sometimes the Notice to Appear will indicate that the date, place, and time of the hearing will be set at a later date.

Second, the Immigration Court with jurisdiction over the case will issue a Notice of Hearing. If the Chief Counsel is situated in Detroit, Michigan, the Immigration Court in Detroit has jurisdiction over the case.

The Notice of Hearing informs both the alien and the Chief Counsel of the date, place, and time of the hearing. If an alien fails to appear for his/her hearing, the judge will enter an order of removal in absentia. In other words, the judge will order the alien deported because he failed to appear in court to defend himself. Once a person is served with the Notice to Appear he must notify the appropriate ICE office and Immigration Court of any change of address. It is very important to do this. Many aliens make the unfortunate mistake of relying on a friend to forward the mail.

If the alien misses a hearing because he fails to notify ICE of his new address, the alien will have to convince the judge to reopen his/her removal proceedings.

Third, the alien will attend the first hearing which is called a “Master Calendar Hearing.” Master Calendar Hearings are very informal.

Typically, the courtrooms are filled with other people facing deportation.

Each one will appear before the judge for no more than ten minutes. The purpose of the Master Calendar Hearing is to officially inform the alien of the reasons why ICE wants to deport him. At this point the alien is called a “Respondent” because he must respond to the Notice to Appear and convince the judge that he has a right to stay in the United States.
Every person in the United States has a right to a fair hearing. This means that each Respondent has a right to have a translator present as well as an attorney. If the Respondent does not have an attorney, he must go to the Master Calendar Hearing without an attorney.

The Respondent will have the opportunity to inform the judge that he needs more time to hire an attorney. The judge will grant a Respondent additional time to hire an attorney at his own expense. In other words, the U.S. government will not pay for the alien’s legal representation.

The court must also give the Respondent a list of non-profit organizations that offer free legal services.

When the Respondent attends the next Master Calendar Hearing he must inform the court of his legal basis for remaining in the United States.

The Respondent or his attorney will submit all petitions and applications of relief to the judge. The attorney for the government sometimes opposes the submission.

Usually, the Respondent’s attorney will convince the judge to accept the petition and/or application.

The judge will schedule an Individual Hearing date for the case, and will give the Respondent a formal warning of the consequences of his failure to appear at the Individual Hearing unless he can prove exceptional circumstances such as the death or serious illness of a close family member.

It is not uncommon for the Immigration Court to change the hearing date and time. Again, it is very important for Respondents to notify the court of any changes of address to prevent miscommunications.

If the Respondent decides that he/she does not want to continue his stay in the United States, his attorney may exercise the option to request voluntary departure.

Fourth, the Respondent will attend the Individual Hearing. The Individual Hearing is much more formal than the Master Calendar Hearing. The judge will ask the Respondent if he still wants his lawyer to continue representing him and whether he requires a translator.
Individual Hearings are very detailed. The judge will restate the charges against the Respondent and will review the exhibits that the attorneys have submitted in support of their cases. At this time, each attorney will have the opportunity to object to certain exhibits. The judge will then review the witness lists. After the judge reviews the exhibits and confirms that the witnesses will testify, she will ask the Respondent’s attorney if the Respondent intends to make changes to the application.

For example, if the Respondent filed an application for asylum and withholding, he may need to change a small detail, such as the date a particular event occurred.

The judge will commence the trial after the Respondent has made the necessary changes. The Respondent will take the stand and the judge will instruct the Respondent to testify truthfully. The Respondent’s attorney will ask him questions. The Respondent must answer truthfully and must only answer the questions asked of him. If the government’s attorney believes that a particular question is inappropriate, he or she will make an objection. Only the judge has the authority to decide whether the question is appropriate.

After the Respondent’s attorney has finished asking questions, the attorney for the government will ask questions about what the Respondent has already stated. The government’s attorney will also ask questions to demonstrate that the Respondent’s testimony conflicts with any exhibits or statements made in the petition or application. The Respondent’s attorney will have the opportunity to ask more questions in order to clarify any confusing or inconsistent statements made by the Respondent.

If the Respondent has any witnesses to offer testimony, his /her attorney will call the witnesses to the stand. They are usually in the waiting room because they are not allowed to be present when the Respondent is on the stand.

After the Respondent and all witness have testified, the judge will give the attorneys the opportunity to make closing arguments. The judge will render his/her decision after both attorneys have concluded closing arguments. Sometimes the judge requires additional time to consider the testimony. In such cases, the judge will require the Respondent to return and hear the decision.

If the Respondent loses the case, he will decide whether or not to appeal the case to the Board of Immigration Appeals. Filing an appeal is a different process and most attorneys will require the Respondent to sign a new contract for legal services. Attorneys will require a new retainer fee as well. Going to immigration is very scary. An honest person with a good attorney will make the court process much easier.

This article does not constitute legal advice and those with immigration problems should seek out the services of a competent immigration specialist.

Ms. McAllister is an attorney in private practice in Dearborn, MI. Please direct immigration inquiries to Ms. McAllister by telephone at (866) 584-4411.

8-44

NexTone among fastest growing companies in North America

GAITHERBURG, MD–NexTone Communications has been ranked 36th in Deloitte’s 2006 Technology Fast 500, a ranking of the 500 fastest growing technology, media, telecommunications, and life sciences companies in North America.

The rankings are based on percentage revenue growth over five years, from 2001 – 2005. NexTone grew 7,901 percent during this period. This award follows the company’s number one ranking in September for Deloitte’s prestigious Technology Fast 50 Program for Maryland, a ranking of the 50 fastest growing technology, media, telecommunications, and life sciences companies in the state by Deloitte & Touche USA LLP, one of the nation’s leading professional services organizations.

“Ranking in the Top 50 for Deloitte’s 2006 Technology Fast 500 in North America is a tremendous achievement for NexTone, and is a testament to our outstanding track record for quarter-over-quarter growth, the competitive technology advantage of our SBC and session management solutions, and our continued success in both large and smaller carrier market segments,” said Malik Khan, chairman and CEO for NexTone. “As carriers integrate their traditional business models with VoIP and other multimedia services, NexTone’s IntelliConnect™ System gives them the necessary visibility, control, and scale required in their networks to support higher-margin real-time services. This enables carriers to save money, mitigate the risk of deploying IP, and quickly create new services over IP.”

The Fast 500 ranks the fastest growing technology, media, telecommunications, and life sciences companies in North America. It is compiled from Deloitte’s 16 regional North American Fast 50 programs, nominations submitted directly to the Fast 500, and public company database research. Companies are selected based on percentage revenue growth from 2001 to 2005. Overall, companies that ranked on the 2006 Technology Fast 500 had growth rates ranging from 209 to 48,948 percent over five years, with an average growth rate of 2,145 percent.

CEO Malik Khan has over 20 years of senior management experience in the development and delivery of high-speed communications network systems. Prior to NexTone, Malik was the President of Converged Access Inc., where he is also a founder. Prior to Converged Access, Malik was President and CEO of Sitara Networks and also Vice President and General Manager of Motorola’s Network System Division. As an “entrepreneur-in-residence” at the venture capital firm Flagship Ventures, he founded two Internet startup companies: Indus River and Sitara Networks. Malik is a graduate of Massachusetts Institute of Technology and holds an M.B.A. from Harvard Business School.

‘Eid celebrated in Capital Region

SHENECTADY, NY–Hundreds of Muslims at the Islamic Center of the Capital Region in Schenectady celebrate the end of Ramadan, ‘Eid-al-Fitr. Dr. Ahmed Kobeisy is the imam at the center, leading his congregants in prayer, focusing on the importance of their sacrifices during the past month.

Kobeisy said, “It is common in Islamic tradition to show modesty. But I do not want you to belittle your efforts in the month of Ramadan.”

Leaders at the Islamic Center told Channel 9 News that they do acknowledge the reports that there is a tremendous spike in violence in the Middle East during the holy month of Ramadan. Dr. Kobeisy said he doesn’t understand the thought process of anyone who would commit a violent act against a Muslim during this holy time.

Kobeisy said, “Those who commit these acts of violence are acting against the spirit of Islam. And their intention is to interrupt the sense of peace of Ramadan.”

Arabic to be included in Quinnipiac curriculum

QUINNIPIAC, CT–Quinnipiac University will be introducing Arabic classes as its seventh language course beginning next semester. The new Arabic course will join already existing courses in Chinese, French, German, Italian, Japanese and Spanish, reported the student newspaper

The decision to add a new language, made by Ronald Quirk, chairman of the language department, was something the department had been planning to do for some time now. Quirk believes Arabic is a good language for Quinnipiac to offer because of the benefits its students can obtain.

“It is really helpful, especially in today’s world, to go into different fields,” Quirk said. “We need to widen our horizons and achieve a better overall general knowledge.”
Quirk pointed out the job opportunities that can be offered to people who understand Arabic.
“I just recently read that the FBI only has 33 people employed that understand Arabic,” he said.

In the spring semester, there will be one course called Elementary Arabic 101. It will be held on Tuesdays and Thursdays at 12:30 p.m. The course will teach modern, standard Arabic. In the fall of 2007, Quirk said the university hopes to start teaching an Arabic 102 course.

Memorial for mother shot in Fremont street

FREMONT, CA–There was no celebration at the Ansari home this ‘Eid, as the mother of the house was fatally shot in the head last week. Alia Ansari, 38, was shot while she was picking up three of her six children from Glenmoor Elementary School. According to the Mercury News a “person of interest” has been questioned and is in custody on a separate parole violation. But no one has been arrested in connection with her death.

Pastor Bruce Green, who is a facilitator between Christians and Muslims, visited the Ansari family Monday evening and asked Ansari’s husband, Ahmad, if he would like to use the Centerville Presbyterian Church’s gymnasium to host a community gathering honoring his wife.
According to Green, Ahmad Ansari said yes. Ahmad Ansari has declined to speak to the media about his wife’s death. Green reached out to the family on ‘Eid, a joyous Muslim celebration following the month-long fast of Ramadan. Despite the family’s grief, Green said he was treated as an honored guest.

“He was so gracious to agree,” Green said. “I appreciate their family’s spirit. I felt so warmly received by the way I was greeted. It was very humbling for me.

The service will be held Saturday at 11 a.m. in the gymnasium of Centerville Presbyterian Church, 4360 Central Ave. The room can hold about 500 guests.

IF YOU’RE INTERESTED in donating to a fund for the Ansari children, checks can be made to the “Ansari Family” at Washington Mutual, account No. 3091558830, and Fremont Bank, account No. 55041477.

Scenes of unity at Kentucky Eid gathering

Louisville, KY–Six mosques in southern Indiana and Kentucky joined together to celebrate ‘Eid at the Holiday Inn Airport in what organizers say was a “sign of unity,” reported the Courier-Journal.

“Just look at the range and ethnicity of people here,” said of organizer Talal Abugabal.
Yet he added that the fact that he and other Muslims still feel the need to publicly point out that terrorists acting in the name of Islam are a small minority shows there is work to be done.

“We have to double the effort to prove we are Americans too,” he said.

“We have succeeded. We have (achieved) victory against our desires,” said Mohammad Shaban, head of the Muslim Student Association of Louisville, who gave the sermon during the celebration.

“We have seen mosques filled with worshippers, we’ve seen people giving charity for the poor people,” he said. “It gives an indication of the goodness of this ummah.”

8-44

By Bob Wood

If you lost money in the stock market during the 2000-2002 bear cycle, you may have done some serious thinking about how it happened to you. After all, the markets provided you with positively joyous involvement for several years. How could things have gone so badly, so quickly? Of course, as time wore on, the reasons for the stock market’s hard drop became obvious. But many wondered why they didn’t see it coming until it was too late. So: what are you missing now that will also look obvious in future years?

Yes, the future is uncertain, and just when we think we have things figured out, we find that we were wrong once again. Times change–but seldom how and when we may anticipate. But who would have thought in 1999 that truly bad times were just around the next bend for stock market investors? As we heard the promoters tell it then, the stock markets were on a never-ending run to heights that made the proverbial sugar plums dance in the heads of those involved in the climb.

You remember, don’t you? Dow 36,000 was a popular new book, and the financial media were calling for the NASDAQ to hit 10,000 in a few short years. People were getting rich in a hurry, so taking ridiculous amounts of risk with your capital seemed like the smart thing to do. And it was–until it wasn’t any more!

Remember when investor optimism helped shares of Lucent to sell for about $80; JDS Uniphase for as much as $150 (when my financial colleagues were calling it “the next Cisco”); shares of Ariba, for almost $800; and shares of InfoSpace for more than $1,000, at the bull market peak in early 2000?

As we know now, they later sold at much lower prices, some falling under $1/share at the lowest. But what made perfectly sane investors, many of them professional fund managers, do such dumb things with their investment money?

In the case of fund managers, we saw then much of what we see now. Performance anxiety, the fear of looking stupid and missing whichever rally develops, are powerful motivators. In this regard, I can’t help but think of Bill Miller, manager of the Legg Mason Trust mutual fund. Perhaps you know that Miller is the only fund manager to beat the S&P 500 for 15 straight years.

But Miller’s firm recently announced disappointing earnings, due in part to underperformance of its flagship fund managed by its star manager Miller. The fund is down for the year, while the Dow is showing a double digit return YTD. So even the manager with a strong 15-year track record will be replaced because he’s having a few bad months? Apparently, that is so, and we should think about the performance pressures that lead even the best managers to make bad moves.

Perhaps the concept of “window dressing” also warrants mentioning here. It occurs when fund managers buy the best performing stocks at the end of each quarter, creating the appearance to investors that their smart fund manager assured that they owned these stocks during the time they were shooting higher. It doesn’t seem important to some that those stocks may have been bought with the benefit of hindsight and provided no boost to fund value at all. But the appearance–the window dressing–is what counts!

This column is meant for those who may feel pressure to take more risk with your savings, since the appearance now, as portrayed by promoters, is that stocks are in the midst of another meaningful bull market cycle. “Just consider the horror of missing out while everyone else is making money,” they plead! It’s unthinkable!

Maybe investors are doing well now, but their success comes from anything other than excessive risk taking. What doesn’t seem to enter the equation for many is exactly what went missing during the bull market leading to the peak in 2000–the concept of risk, or downside potential, in investors’ portfolios. Too many saw only what they wanted to see–whatever supported their optimistic views about how fast they were getting rich.

And that euphoria seems to be missing now, and not just according to me. In a September 7, 2006 interview, former Clinton administration Treasury Secretary Robert Rubin said:
“Most people seem to think that the problem is somewhere down the road. I think the markets are remarkably complacent. It’s curious to me that economists, with an exception here or there, are as sanguine as they seem to be. They talk about a cooling off or a soft landing or whatever it may be, but generally seem to attach very low probabilities to really serious, adverse developments.

“Most of the people I know in the national security world, and there are many, seem deeply troubled about a variety of matters: nuclear proliferation, Islamic radicalism, the endgame in Iraq, instability in countries that mean a great deal to us in the Middle East, what’s going to happen in Pakistan, and many other issues as well. And the markets do not reflect this.”

And I think Rubin is right. It’s not that bad things could happen or that nothing is risky about the economy or the stock market today. It’s just that investors do not see them–or choose not to see them. Investors seem to want to avoid spoiling the party or getting spooked out of a bull market before the party ends. But that doesn’t mean that the risks aren’t there.

The risks were in full view in the late stages of the bull market ending in early 2000. Three years before Alan Greenspan warned of “irrational exuberance,” Warren Buffett was pointing out how hard it was to find shares at fair prices when the S&P 500 was selling for 30 times earnings. But investors were having a grand time making money daily, or so it seemed. Back then, Bears were simply the people who were losing money and warning that the sky was falling.

But just as the risks involved in investing in what was popular with the crowd were ignored then, they are ignored again now. Professional fund managers are buying stocks because they’re going up, but they are ignoring better values because they are not moving up. Everyone is a trend follower–fundamentals be damned!

Of course, some of us skeptics fail to see the value in buying Dow stocks when the average P/E of that basket of stocks is about 23. And as much as my short positions in domestic stocks may not look so smart now, I still see more opportunities every day for making future gains when reality replaces these expectations of never-ending good times for everyone else.
Right now, I’m rewarded for holding a short position in Caterpillar. The company announced a pending slowdown in business, and its shares, reflected only in the best-case scenario, are tumbling almost 15% on the day. But as much as the crowd loved its recent performance, the skeptic in me says that it will some day be obvious that we don’t pay 20 times trailing earnings for a slow grower like CAT.

Smart investors do not pay 30 times earnings for technology stocks whose businesses are subject to intense competition. Sandisk has been another investor favorite this year, since it was going up in price, and what more do you need to know before buying, right?

As of October 20, Sandisk was taking a beating worse than CAT. So another short position that was going badly is suddenly a joy to behold. If you have held shares of other popular stocks like EBay, Dell or Yahoo, looking at last year’s charts for these high flyers is disappointing, isn’t it? All were at the top of aggressive managers’ buy lists, but, at some point, reality catches up to investors paying 30 times earnings or more for any company’s shares.

Just a year ago, I would have been called “foolish” to disparage those shares. They were flying, so what more did I need to know? But there was more to be seen and considered then, which, in hindsight, seems obvious now.

What should at some point look obvious to investors wearing party hats embroidered ‘’Dow 12,000’’ is a combination of the risk of buying slow-growing companies at more than 20 times earnings and the geo-political concerns mentioned by Rubin. It’s too bad that many investors who consider taking such risks will only come to realize these other effects on the markets after the damage has been done.

If you’ve made money in domestic stocks this year, good for you! But how far will you press your luck, given the risks involved and the speed at which popular stocks can come falling back to earth? I am witnessing this scenario now in two short positions that are finally paying off–after months watching investors considering only the positive potential of each.
But all is not lost. There is always a bull market somewhere, in something. And there is always a bull market properly priced to warrant considering all risks involved. But I think these are not in our domestic markets, with energy and gold shares excluded.

Have a great week,
Bob

Bob Wood ChFC, CLU Yusuf Kadiwala. Registered Investment Advisors, KMA, Inc., invest@muslimobserver.com.

8-44

By Dr. A.S. Nakadar

I hope you had a joyous and fulfilling ‘Eid. Enjoying the blessings of Ramadan is in part an endurance test. ‘Eid, heralding the end of Ramadan brings the message of fulfillment, peace and tolerance. These are the some of the foundational principles of Islam that Muslims have followed faithfully for more than 1400 years. And yet non-Muslims say Islam and Muslims are intolerant.

If we scrutinize each event, either historical or contemporary, in fact one finds that the opposite is true. Let us just examine a few recent events to illustrate this. About a year ago, the people in charge at Guantanamo Bay desecrated the Qur’an, then a few months later a Danish paper published blasphemous cartoons. In both instances, massive world-wide protests erupted to vent out emotions. Sometimes these emotional protests turned violent, but we reject such violence as the actions of a few angry people.

Those outbursts, however, are the results of sustained psychological attacks that have come in the form of continual acts of desecration and blasphemy–mental trauma or mental torture. Some of us may even feel these outrages, hateful as they are, physically in our persons–our guts may recoil, our adrenaline may pump–we may feel stung by an enemy who hides far away.

The outcry that results is in fact only a manifestation of these feelings, a result of attacks from the outside.

Why have non-Muslims attacked our faith in this manner calculated to evoke our strongest feelings? The people did these despicable things because of their hatred and intolerance for Islam and Muslims. Their irresponsible and intolerant behavior takes the form of a psychological attack, even a form of psychological torture, on our community. The Geneva Conventions explicitly prohibit torture, whether physical or mental.

In other words, the real culprits are the bigots who awakened fitna by being intolerant–then when their victims cry out in pain, they label them as “intolerant.” Like Guantanamo and Abu Ghraib interrogators who howl and scream when their torture victims cry out in pain. What bigotry!

Similarly, in recent attacks against hijab and niqab in Europe, where even cabinet ministers like Tony Blair, Jack Straw, and British MPs have taken to undermining the religious rights of their female citizens–this discussion is in fact nothing more than intolerance against Muslim culture. It is their way of expressing dislike and intolerance.

They are saying hijab expresses or is a symbol of suppression of women’s freedom. Yvonne Ridley doesn’t think so; on the contrary in her recent article (p. 1) she explains the sense of freedom and liberation that she feels when she wears hijab.

Who determines what constitutes freedom and rights for women? Who determines a woman’s right of expression, of her liberty? Who determines the social norms?

Does western society think the fewer clothes the women wear more liberal they are? If wearing a bikini is an expression of more freedom, then what about nudity? Would you consider her a completely liberated woman? Or does that violate social norms? How stupid it sounds to judge a woman’s liberty and freedom by the length and breadth of cloth she wears?
The manner in which a woman dresses, whether by hijab or niqab, is her own choice of expression, dictated by culture, religion, and her own wishes. By interfering in her own decision-making you are curtailing her freedom. It is as simple as that. So who is intolerant?
Islam has always remained peaceful and tolerant. Muslims are being maligned for following their religious texts, the dictates of Islam, and for following their culture. And yet in spite of continuous stereotyping on a daily basis we hear of many reverting to Islam, an antithesis to claims that Islam has been spread by force. In reality the “sword” hangs over Muslims’ heads more often then rests in their hands. On deep reflection, it is not difficult to see that it is Western society (Europe and North America) that is becoming intolerant.

Imam Ghazali said: “The civility of a society is measured by its religious tolerance–higher the religious tolerance higher the civility.”

And look where Western society is heading.

8-44

Pictured above: Kashmiri Muslim women pray next to the wall of Kashmirs Jamia Masjid on the last Friday of the Islamic fasting month of Ramadan in Srinagar October 20, 2006. REUTERS/Fayaz Kabli.

By Yvonne Ridley

LONDON–I used to look at veiled women as quiet, oppressed creatures–until I was captured in Afghanistan. In September 2001, just 15 days after the terrorist attacks on the United States, I snuck into Afghanistan, clad in a head-to-toe blue burqa, intending to write a newspaper account of life under the repressive regime. Instead, I was discovered, arrested and detained for 10 days. I spat and swore at my captors; they called me a “bad” woman but let me go after I promised to read the Koran and study Islam. (Frankly, I’m not sure who was happier when I was freed — they or I.)

Back home in London, I kept my word about studying Islam — and was amazed by what I discovered. I’d been expecting Koran chapters on how to beat your wife and oppress your daughters; instead, I found passages promoting the liberation of women. Two-and-a-half years after my capture, I converted to Islam, provoking a mixture of astonishment, disappointment and encouragement among friends and relatives.

Now, it is with disgust and dismay that I watch here in Britain as former foreign secretary Jack Straw describes the Muslim nikab — a face veil that reveals only the eyes — as an unwelcome barrier to integration, with Prime Minister Tony Blair, writer Salman Rushdie and even Italian Prime Minister Romano Prodi leaping to his defense.

Having been on both sides of the veil, I can tell you that most Western male politicians and journalists who lament the oppression of women in the Islamic world have no idea what they are talking about. They go on about veils, child brides, female circumcision, honor killings and forced marriages, and they wrongly blame Islam for all this — their arrogance surpassed only by their ignorance.

These cultural issues and customs have nothing to do with Islam. A careful reading of the Koran shows that just about everything that Western feminists fought for in the 1970s was available to Muslim women 1,400 years ago. Women in Islam are considered equal to men in spirituality, education and worth, and a woman’s gift for childbirth and child-rearing is regarded as a positive attribute.

When Islam offers women so much, why are Western men so obsessed with Muslim women’s attire? Even British ministers Gordon Brown and John Reid have made disparaging remarks about the nikab–and they hail from across the Scottish border, where men wear skirts.

When I converted to Islam and began wearing a headscarf, the repercussions were enormous. All I did was cover my head and hair–but I instantly became a second-class citizen. I knew I’d hear from the odd Islamophobe, but I didn’t expect so much open hostility from strangers. Cabs passed me by at night, their “for hire” lights glowing. One cabbie, after dropping off a white passenger right in front of me, glared at me when I rapped on his window, then drove off. Another said, “Don’t leave a bomb in the back seat” and asked, “Where’s bin Laden hiding?”

Yes, it is a religious obligation for Muslim women to dress modestly, but the majority of Muslim women I know like wearing the hijab, which leaves the face uncovered, though a few prefer the nikab. It is a personal statement: My dress tells you that I am a Muslim and that I expect to be treated respectfully, much as a Wall Street banker would say that a business suit defines him as an executive to be taken seriously. And, especially among converts to the faith like me, the attention of men who confront women with inappropriate, leering behavior is not tolerable.

I was a Western feminist for many years, but I’ve discovered that Muslim feminists are more radical than their secular counterparts. We hate those ghastly beauty pageants, and tried to stop laughing in 2003 when judges of the Miss Earth competition hailed the emergence of a bikini-clad Miss Afghanistan, Vida Samadzai, as a giant leap for women’s liberation. They even gave Samadzai a special award for “representing the victory of women’s rights.”

Some young Muslim feminists consider the hijab and the nikab political symbols, too, a way of rejecting Western excesses such as binge drinking, casual sex and drug use. What is more liberating: being judged on the length of your skirt and the size of your surgically enhanced breasts, or being judged on your character and intelligence? In Islam, superiority is achieved through piety — not beauty, wealth, power, position or sex.

I didn’t know whether to scream or laugh when Italy’s Prodi joined the debate last week by declaring that it is “common sense” not to wear the nikab because it makes social relations “more difficult.” Nonsense. If this is the case, then why are cellphones, landlines, e-mail, text messaging and fax machines in daily use? And no one switches off the radio because they can’t see the presenter’s face.

Under Islam, I am respected. It tells me that I have a right to an education and that it is my duty to seek out knowledge, regardless of whether I am single or married. Nowhere in the framework of Islam are we told that women must wash, clean or cook for men. As for how Muslim men are allowed to beat their wives — it’s simply not true. Critics of Islam will quote random Koranic verses or hadith, but usually out of context. If a man does raise a finger against his wife, he is not allowed to leave a mark on her body, which is the Koran’s way of saying, “Don’t beat your wife, stupid.”

It is not just Muslim men who must reevaluate the place and treatment of women. According to a recent National Domestic Violence Hotline survey, 4 million American women experience a serious assault by a partner during an average 12-month period. More than three women are killed by their husbands and boyfriends every day — that is nearly 5,500 since 9/11.

Violent men don’t come from any particular religious or cultural category; one in three women around the world has been beaten, coerced into sex or otherwise abused in her lifetime, according to the hotline survey. This is a global problem that transcends religion, wealth, class, race and culture.

But it is also true that in the West, men still believe that they are superior to women, despite protests to the contrary. They still receive better pay for equal work — whether in the mailroom or the boardroom — and women are still treated as sexualized commodities whose power and influence flow directly from their appearance.

And for those who are still trying to claim that Islam oppresses women, recall this 1992 statement from the Rev. Pat Robertson, offering his views on empowered women: Feminism is a “socialist, anti-family political movement that encourages women to leave their husbands, kill their children, practice witchcraft, destroy capitalism and become lesbians.”

Now you tell me who is civilized and who is not.

8-44

Pictured above: Chinese Muslims celebrate ‘Eidul-Fitr in Xining, capital of northwestern China’s Qinghai province.

Festive atmosphere in Canton on Eid-ul-Fitr

By Beena Inam

Adults and children were in tremendous ‘Eid spirit and came dressed with equal zest to celebrate the ‘Eid at the Muslim Community of the Western Suburbs (MCWS) on Monday October 23.

Sheikh Ali Suleiman Ali, the imam and a well-respected scholar, lead the khutbah. The imam began his khutbah by praising Allah Almighty.

He said ‘eid is the day when Allah looks upon his servants contentedly, those who have fulfilled the work that Allah has commanded them to do. The month of Ramadan is blessed with the kindness of Allah as He in this month forgives the deeds of Muslims who bow down and pray for forgiveness.

He talked about the emotional and ethical issues of Muslim identity in the west, saying these issues were a serious danger to community and family relations.

He emphasized the importance of the relations of between wife and husband. He gave the example of our Holy Prophet (s) and his relationship with Hazrat Ayesha (ra).

He address the importance and a coherent need of having a marriage advisory committee in our community that can advise couples and educate them about the nature of the family.

He left the people with a note that it is the time to rid ourselves from our past sins and to ask forgiveness from Allah at all times.

Canada

By Firoz Khan

On last Sunday Muslims throughout GTA, Mississauga, Brampton, Hamilton and other parts of Canada celebrated the end of their holy and fasting month of Ramadan. Thousands of them in their traditional dresses were seen heading toward nearby mosques early in the morning. To accommodate the large crowds two prayers were held at some places.

At the International Muslim Organization (IMO), Rexdale, 14,000 Muslims offered ‘Eid prayers at two separate gatherings. Canadians from India, Pakistan, Afghanistan, Bangladesh, Iran, Somalia and many other countries in their traditional attires converged at IMO. Among them were men, women, elders, youth, children–even some people in wheel chairs.

Well-known Imam Slimi, before leading prayers, addressed his gathering and said, “Today is the day of joys and celebration for all those who fasted for the entire month of Ramadan and who shared their wealth and income with the poor by donating Zakaatul Fitra.

“Let the Lord accept our charity, prayers and grant peace and happiness for the entire mankind.” He further said, “ The Western media at large always portrays the negative or the dark side of Islam and Muslims. Very rarely do they write something about the bright side or achievements by Muslims. Their efforts of nation-building are either not taken note of or are underplayed. I urge the media to be fair and not partisan. The insurgents are quickly labeled as Terrorists. Recently a Muslim won the Nobel Prize but the news was largely underplayed.”
He asked the media to stop Islamophobia and create an atmosphere for co-existence and cooperation and not the conflicts. He lauded the efforts in this direction by ethnic media.

Earlier, Omar Farooq, president of the IMO, welcomed the faithful and greeted all of them by saying ‘Eid Mubarak. He also spoke about the many activities carried on by IMO and thanked people for their financial and moral supports.

Thousands offered prayers at CNE and enjoyed South Asians and other cousins.

Premier Maguinty, NDP leader Jack Layton and Tory of Conservative greeted Muslims at CNE. At other place the volunteers of Ansaar Foundation were seen distributing lunch boxes to homeless people.

Abdulhai Patel of the Foundation said, “This is the true tradition and teachings of Islam. Not to forget less fortunate in your celebrations.” At every mosque and other places people were hugging each other and wishing ‘Eid Mubarak. At many places candidates contesting elections as Councilors and School Board Trustees were seen greeting people coming out of the mosques.

Firoz Khan is a Toronto based freelance journalist, writing news and articles for various ethnic newspapers and magazines.

California

By Munira Syeda

Southern California Muslims Celebrate Eid

Roughly half a million American Muslims celebrated ‘Eid-ul-Fitr across Southern California on Monday, Oct. 23.

Several thousand Muslims visited the Anaheim Convention Center to pray and listen to a sermon delivered by world renowned scholar, Dr. Muzammil Siddiqi. Muslims also turned out in large numbers at other places such as the Fairplex in Pomona and the Los Angeles Convention Center.

The prayers, which mark the end of Ramadan, are one of most important celebrations in the Islamic faith. Eid-ul-Fitr follows the month-long fast of Ramadan.

On Monday, Muslims made social visits with friends and family members. They dressed in elegant, vibrant attire for the occasion. Families attended cultural bazaars, and women and girls had their hands painted with henna. People also exchanged sweets and gifts, prepared special ethnic fare and spread the feelings of joy, peace and brotherhood.

“This is a time for the Muslim community to come together, rejoice and promote peace and mutual bonds,” said Hussam Ayloush, executive director of the Council on American-Islamic Relations, Southern California (CAIR-LA).

Munira Syeda is the Communications Coordinator, Council on American-Islamic Relations, Southern California.

8-44

By Bethany McAllister, Esq.

Immigration clients tend to see everything in black and white: they either love their lawyers or hate them.

The biggest complaint is that lawyers charge too much money. Most immigrants have never had any contact with the American legal system and do not understand how lawyers decide how much to charge them. In other words, clients pay more than they expect.

This lack of understanding, especially regarding finances, leads clients to mistrust their lawyers. This lack of trust and understanding sometimes leads to hostility.

This article is aimed at clarifying billing issues to help clients have a positive relationship with their lawyers.

Why does my lawyer charge me money when he or she isn’t working?

Most clients subconsciously follow the same unoriginal mantra; seeing is believing, seeing is believing, seeing is believing. They might feel cheated because they cannot see their lawyers working. The majority of a lawyer’s work involves thinking, and assuming the responsibility for a client’s unique case. Thinking and assuming responsibility require a great deal of time and effort. All of these things are invisible. Everything else, such as court appearances, meetings, prepared immigration forms, and written pleadings, result from the lawyer’s intellectual efforts and the responsibility that the lawyer assumed when he or she decided to take the case. So, a clients focused on seeing tangible acts of work from their attorneys rarely have seen enough work to justify a large bill.

What gives my lawyer the right to charge me?

A lawyer should bill a client in accordance with the contract that both parties signed. These contracts have many names such as “retainer agreement,” “engagement agreement,” or a simply, “contract for legal services.”

The contract must outline the nature and scope of the legal services as well as the legal fees. Some contracts charge clients a flat fee. Other contracts require clients to pay a retainer or a certain amount of money up front to begin the case. The lawyer will deposit this money into a special bank account called the “client trust account” and will withdraw money according to the number of hours he or she spent working on the case. Clients must replenish the account according to the services provided, maintaining a certain balance.

This is actually a very fair practice because many clients start out paying a certain amount and then stop paying. The client might have many reasons or excuses for their inability to pay the lawyer, for instance some want to send money to relatives overseas. But: clients must also consider that they will not be able to send money home if they are deported.

How much can my lawyer bill me?

Flat fee agreements for legal services do not require any explanation.

The most confusing type of contract is one that allows lawyers to charge each client by the hour. When a contract permits the lawyer to bill by the hour, the contract must specify the hourly rate, such as $150 to $280 per hour. Generally, a lawyer has the right to determine his or her own hourly rate. The only limitation is that a lawyer cannot charge excessive legal fees.

An example of truly excessive legal fees.

A woman paid an unethical lawyer $9,000 to file immigration forms for a “clean” marriage-based case and attend the interview. When it came time for the interview, the lawyer charged an additional $2,500. The woman never met the lawyer in Florida and sent the money via electronic transfer. She spoke to the lawyer approximately three times. The lawyer prepared the forms, but refused to attend the interview without receiving the additional $2,500.

How do I know what the lawyer has done and why he is charging me?

When lawyers bill clients on an hourly basis, they should provide the clients with a detailed statement of legal services. In other words, the billing statement requires the lawyer to specify the amount of time spent on each activity. Typical billable activities may include: telephone calls to and from clients; telephone calls to and from opposing counsel and other interested parties; preparing written correspondence; office conferences and consultations with the client; legal research, the preparation of pleadings; the review and revision of written documents; preparation of memoranda to the file, and reviewing the file. Sometimes lawyers will specify the nature of each activity. For example, instead of billing for one hour of “research,” a detailed statement will charge the client for one hour of “research regarding whether a U.S. citizen who intentionally exposes his foreign wife to an incurable disease gives rise to extreme mental cruelty.” This in fact is a better practice because it is difficult for a client to understand why the lawyer charged him for “research.”

My wife and I had to go to our green card interview alone. Why did my lawyer cheat me?

Maybe the lawyer cheated you and maybe not. Again, the contract specifies the exact scope of the legal representation. If the contract only requires the lawyer to prepare and file immigration forms, then the contract does not require the lawyer to attend the green card interview.

What can I do?

When you meet with your lawyer for the first time, ask him or her to explain the contract. Ask which services the lawyer will provide. Ask if the legal fees include court and interview appearances. Do not feel ashamed if you cannot read or write in English. There is a good chance that the lawyer cannot read or write in your language. Take a friend or family member to translate.

Extra Tips.

1. Take a list of questions to the consultation. You have a right to ask questions.

2. If you have a complicated case, write down important facts about your situation in chronological order. Pay close attention to names of people and dates of significant events.

3. Write facts down even if you believe that they have no significance.

4. Remember to take important original documents or copies of them to the consultation. This includes, passports, visas, I-94 cards, letters from the government, and copies of petitions and applications.

5. Ask the lawyer the best way to contact him or her. Does the lawyer prefer to communicate via email? Are there certain times when the lawyer prefers to take client telephone calls?

The most popular complaint that clients have about their lawyers (after legal fees) is that the lawyer does not answer telephone calls. Clients must understand that lawyers have many obligations and are not always available.

Do you expect your lawyer to call you once a week to tell you that nothing has arrived? If you do, then be honest and up front. Lawyers do not usually call clients every Friday to let them know that a receipt notice has not arrived unless the case is time sensitive. In this case, you and your lawyer can determine how much he or she will charge you, if at all.

A friend of mine charges a flat fee of $75 per phone call. If you think that amount is too much money, imagine if he charged the client the hourly rate.

A good rule of thumb. If you believe that your question is worth paying for, then by all means, call.

Your lawyer should be very honest and up front with you, just as you should keep your end of the bargain and pay him or her on time.

I do not know of many lawyers who charge for all telephone calls. I am only offering this example because clients have many legitimate concerns about telephone calls. You should know what to ask your lawyer when you sign the contract so that you do not have any ugly surprises.

And before you get too worried, just remember that your lawyer will treat you in a fair manner.

I hope that this explanation of billable hours will assist you in communicating your billing concerns with your lawyer. Most lawyers do not guarantee prices over the telephone nor do they offer 2-for-1 pricing for a friend. Price hunting will not convince your lawyer to lower his or her price.

I can honestly tell you that my goal is to establish and maintain a very good relationship with my clients and I also believe that most lawyers feel exactly the same way.

Hopefully, you won’t hate us so much!

This article does not constitute legal advice and those with immigration problems should seek out the services of a competent immigration specialist.

Ms. McAllister is an attorney in private practice in Dearborn, MI. Please direct immigration inquiries to Ms. McAllister by telephone at (866) 584-4411.

8-43

By Bob Wood

Don’t worry about this title. No, I’m not writing another installment of bad news and my overall bearishness about the markets. By now, regular readers of this column know where I stand, which, at the moment, is in stark opposition to the current rally in domestic stocks. In the face of adversity, the best thing I can recommend doing is – nothing! Consider my rationale.

Sitting patiently is not something that investors do well. Wall Street has done a wonderful job of ingraining in our minds that activity is the best method for making money in the stock markets. Are you ever swayed by constant upgrades and downgrades of a stock mentioned by brokers and touted in the financial media?

Do you try to make money using technical trading signals or chart patterns? Such emphasis is always on short-term, tactical moves. And it’s hard to believe that this is not a sound strategy when you check the average turnover rates of your favorite mutual funds. Typical turnover rates among professional fund managers average around 100% each year!

Of course, that turnover means that professional investors typically have at year’s end a totally different portfolio than at the start. And since the average, actively-managed mutual fund lags its comparative index over the long term, say in time periods of at least five years, do you think actively turning over a portfolio has merit?

But we are conditioned to believe that news about some change from recent readings of the economy or news about a particular company may affect investors’ perceptions of the stock involved, so changes must be made.

Personally, I think this rationale is absurd. Do great investors like Warren Buffet watch TV, waiting for the latest bit of economic news, and then instantly call their brokers with buy or sell orders? Obviously, the answer to that question is, “NO!” Actually, managing to sit patiently during these times is probably the biggest difference between great investors and most everyone else.

Great investors recognize the most important things, which, for some reason, the rest of us seem to miss routinely. And maybe what we miss tends to become, in hindsight, what should have been most obvious. In this case, the most obvious reason for doing nothing is knowing full well that you bought a particular stock or fund based on sound, fundamental reasons and that only time will ensure its success.

Of course, too many investors buy a stock or mutual fund based on recent performance, and they tend to be just a little too late to the party — again and again. And worse, behaviorally speaking, investors often get spooked out of their best holdings at times when they should be adding to them, or, at the very least, sitting patiently. They know that the underlying fundamentals have not changed, even though others with different investing agendas have sold.

A case in point is gold. Yes, I have advocated that you should hold positions in gold-oriented investments, and that can be either bullion, gold stocks (like Newmont Mining) or a gold mutual fund (like Fidelity Select Gold Fund), and the latter two holdings are cores positions in all my client portfolios. And, yes, sitting on these holdings, bought many months ago or — in the case of long-term clients — several years ago, during recent adverse price moves has been difficult.

But why would I sell them just because they are lower in price today than they were a few weeks ago? To me that would be an irrational thing to do! While others with very short-term outlooks have sold gold holdings based on adverse price moves, I really don’t consider very recent performance.

The same investors who have been bailing out of gold shares may be those who bought in for the first time earlier this year when the price of gold was hitting new, multi-decade highs. That’s when folks on “ToutTV” were talking up big performance returns by most any gold fund.

And I am sure that any manager or advisor who advocated gold investments then looks wrong now and hears investor complaints. But any advisor who heeds those complaints and sells gold shares to placate investors does them a great disservice. At times like this, the best thing an advisor can do is precisely what he is paid to do. And that is to keep investors from making the typical mistakes that have plagued them for generations. The capable advisor must shield his clients from their own worst instincts – making frequent changes in response to temporary adversity.

The case for gold has everything to do with the value of the U.S. dollar. Considering the history of the dollar’s value over the past few decades, does anyone really expect the downward trend, now in place for over a century to, at some point, reverse itself and show the dollar gaining in purchasing power? If you think that is possible, please sell all your investments now and buy CDs!

Exacerbating the falling dollar trends that have endured longer than any of us are the rising debt levels throughout our society. The Mogambo Guru, of “Daily Reckoning” fame, wrote in a recent commentary that he is concerned about an economy burdened by a “national debt of $9 trillion, consumer indebtedness of $30 trillion, $60 trillion in accrued federal government liabilities, $450 trillion in derivatives, a $600 billion annual budget deficit (the true numbers on that item) and an $800 billion trade/current account deficit.”

In short, the sheer number of dollars that must be created to service our government’s debts is staggering. And dollar printing is the easiest way out of this predicament, and easy is the solution our leaders always seem to select first. As time goes on, the situation gets worse, and the case for owning gold becomes stronger.

But why have gold investors been selling their gold stocks and mutual funds? Again, investors rely on short-term price information and move out of their best long-term holdings. Even the unlucky investor who finally bought gold when the metal was rising to around the $700 level would have been better served to sit tight with sudden losses. Really, what looks better than gold over the next 10 to 20 years? Well, maybe energy.

Once again, milder September weather in the U.S. brought lower energy demand, and the price of oil and gas fell — just as it does every year in April and September. So when the inevitable happened, investors sold their energy holdings because the price of oil slid from $77 to $58/barrel. But now as I watch the Detroit Tigers winning the American League Championship series, I notice baseball fans wearing heavy clothing. Could it be that energy demand will rise again soon, due to normal seasonal weather patterns? And will that increased demand force higher prices to follow?

Will the investors who bought energy shares when oil topped $70/barrel and sold as the price fell to below $60 rush back in at high prices, maintaining their cycle of losses and bad decisions? One important thing that the best investors understand is that making money takes time. Sure, we’ll always hear stories about someone making a fast buck, but those instances can almost always be attributed to luck or unusually high levels of risk taking. The best investors fully understand that their holdings will not follow a predictable rise in prices, and their gains will come in fits and starts.

Stock prices will inevitably fall at some point while held by the best investors. But in most cases, this fluctuation doesn’t matter to them. They bought at the right prices, typically well before the crowd noticed big price moves to the upside and then followed them in. And since the best investors have much longer outlooks for their holdings, adverse short-term price moves are just part of the game — and nothing more sinister than that.

For most of you, the best investment you have ever made and the most profitable is likely your home. But did you buy it in expectation of making a big profit? And have you made your profit over a long period of time, say10 years or longer? Did short-term price corrections in local real estate cause you think of selling and buying back later at a better price? Probably not!

And now you have a good idea of how investing should be done. Making frequent changes is a tactic that very few professional investors have ever found successful. The much easier tactic of buying smart and sitting patiently holds much higher levels of certainty for success. Oddly, it seems to be the hardest thing for investors to do. But it shouldn’t be.

If your advisor asks you to be patient and makes the long-term case that what you want to sell still looks as good as the original impetus for buying it, learn to shrug off those short-term, adverse price moves. They, too, shall pass. Getting spooked out of your best holdings at the worst possible times will sting for much longer.

I remember having a really hard time trying to teach my smart dog to obey simple commands like, “Sit! or “Stay.” Sometimes I think it’s even harder to teach investors the same things. If you hold energy, gold or emerging markets stocks and funds that have had a rough ride lately, don’t panic. Just sit! Stay!

Have a great week,
Bob

Bob Wood ChFC, CLU Yusuf Kadiwala. Registered Investment Advisors, KMA, Inc., invest@muslimobserver.com.

By Dr. A. S. Nakadar

Democracy is a numbers game. How many votes do you have; how much money can you donate for a political candidate or cause; how many members do you have in your organization–how many subscribers does your newspaper have? These calculations are all a part of the numbers game. Your strength in a democracy is directly proportional to your numbers–the larger the number, the stronger you are. Small numbers, fragmentated, and poor communities all are weak and subject to abuse in a democracy.

If you have ever done a fundraiser for a political candidate, you are familiar with the process. In your letter of invitation or in talking to your political invitee you need to address his two prime concerns: how much money you will raise for him, and the voting strength of your group. Many of us have not yet grasped this basic fundamental principle of democracy, the numbers game.

But this is also true in many other aspects of social or community projects. Let me demonstrate how our community has not grasped the point.

I met a person, the other day, who said that he would like to see The Muslim Observer double the present number of news pages, provide more MMNS reporting from different parts of the world, more advertisers, plus a few other improvements. I asked him whether he read TMO regularly, and he said he did. My next question, of course, was “Are you a subscriber?” “No,” he said, “I pick it up every week from the Masjid.” I don’t think he noticed the smirk on my face. I asked him, “How do you expect the newspaper to grow unless you do your part?” He appeared puzzled and responded “By taking more advertisements.” I said, “Do you think the advertisers want to know how many subscribers we have?” And I continued. “The number of subscriptions indicates the seriousness of the reading community. Your numbers are the prime consideration of everyone with which a newspaper interacts–law makers, think tanks, academicians, public pollsters and others.”

Why do The New York Times, Wall Street Journal, Times, Readers’ Digest, National Geographic, and other similar venerable publications offer a huge discount on subscriptions? Do they make enough money to survive on subscriptions? Subscriptions hardly cover their distribution costs. They offer such huge discounts because the larger the subscription base, the stronger is the publication and its supporting community.

How does the community benefit? It benefits by building public opinion on issues important to them. And building public opinion on issues all out of proportion to the small cost of subscribing.

For our numbers game to be effective, it has to be organized, its resources channeled and its members educated on issues. That process is the process of building public opinion.

Without these factors, no matter how much we shout at the top of our lungs that we are 7-8 million Muslims, growing into America’s most populous and affluent religious minority, we will remain ineffective. We will continue to dole out millions of dollars following man-made catastrophes to help Muslims around the world rather than acting to prevent the same catastrophes. All this is preventable if we become proactive. Politicians would love to grab our dollars, will give us their ears in exchange for our votes; but until we have an organized, solid and developed base they will hesitate to act in our favor.

We live in a country where the world’s decision is made. The Muslim world is looking up to us to change the present policies that are clearly not in the best interests either of the world or of America herself.

How can we do this, when we are still in the process of sending our first Muslim Congressman to Washington? In fact, what is the community infrastructure that is there to help propel Muslim and pro-Muslim politicians? What inroads have we made socially by way of making social institutions beneficial to humankind that would demand respect from other communities? Where is our economic clout? Where do we stand in the corporate world? Where is our community’s strong media voice, communicating with the mainstream media? Who is defining us? Where is our own voice that will effectively define us rather than letting someone else do it?

But we can accomplish these goals and more if each one of us will shoulder his responsibility–and a part of that responsiblity is to support your community’s newspaper. Therefore, subscribe today–your small contribution makes a big difference. Let us shrug off our apathy and participate by involving ourselves in any media, print, radio or TV that we think is representing the community well.

Dr. AS Nakadar
email