Tattoos Could Protect Immigrants From Deportation
This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.
A federal appeals court has ruled in favor of a Staten Island man who claimed he could not be deported to his native Pakistan because his tattoos and appearance marked him as a non-Muslim.
The ruling yesterday, by the 2nd U.S. Circuit Court of Appeals, orders the Bureau of Immigration Appeals to take another look at the asylum application of Kaiser Rafiq.
Rafiq, who has been in America for nearly 20 years, faces deportation because of a drug-related conviction, his lawyer, Henry “Raymond” Fasano, said. He is currently jailed pending the outcome of his asylum case.
Rafiq’s case stands out for two reasons. His grandfather was a politician controversial in Pakistan for being pro-Bengali, according to the decision. Rafiq’s asylum application also notes his physical appearance.
Rafiq, a Catholic, makes the unusual claim that the tattoos he has on his forearms violate Islamic law and could make him identifiable to extremists as someone who has converted from Islam. Rafiq feared being beheaded upon his return, according to the brief Rafiq submitted on appeal.
“The tattoos are immutable,” Mr. Fasano said. “He’s clearly marked as an apostate.”
Mr. Fasano said he could not describe the tattoos exactly but said one may be of a skull.
The decision yesterday, by a three-judge panel of the 2nd Circuit, makes no mention of the tattoos, which are mentioned twice in the brief.
At his deportation hearing, Rafiq’s mother and father claimed that extremist Muslims in Pakistan would torture him because he is a Catholic convert and that the state would not offer him protection.
In ordering Rafiq’s case to be reheard, the panel of judges ruled that asylum claims can be granted when the immigrant risks torture by extremists. Applying a standard, the 2nd Circuit set two years ago, the panel emphasizes that the torture does not have to come from the government, for an asylum application to succeed. The 2nd Circuit found that the original immigration judge hearing Rafiq’s case had misunderstood the law.
The judges on the panel were Roger Miner, Guido Calabresi, and Jane Restani.
