Judge clears the way for deportation (Minneapolis Star-Tribune)

Judge clears the way for deportation
LORA PABST
Last update: February 17, 2010 - 8:06 PM

After a district judge's ruling Tuesday, there is nothing stopping federal immigration officials from deporting Assaf Mhanna, a Lebanese man who is married to a Minnesotan. But his wife, Tammy Mhanna, has no way of knowing when he will be put on a plane.

In his ruling, District Judge John Tunheim said he doesn't have the authority to stop federal officials from deporting Mhanna, but he argued it would be "particularly inappropriate" for the government to eject Mhanna while his asylum case is still pending in the Ninth Circuit Court of Appeals.

Mhanna came to the U.S. 11 years ago, but the government said he falsely claimed to be a U.S. citizen when he crossed the border. When Mhanna applied to become a permanent resident last fall based on his marriage to Tammy, his application was denied.

Mhanna's lawyer, Phil Fishman, said he plans to ask Immigration and Customs Enforcement to allow Mhanna to stay in the country.