Jaber retains citizenship for now
By Trish MehaffeyFAYETTEVILLE -- Arwah Jaber retains his American citizenship for now but a motion to revoke it was taken under advisement today by U.S. District Judge Jimm Larry Hendren.
Jaber, a naturalized U.S. citizen born in the West Bank town of Yamoun, was acquitted Monday of providing material support to the recognized terrorist organization, Palestinian Islamic Jihad, but he was convicted on five lesser charges related to immigration and credit card fraud. The convictions will likely be grounds to revoke his citizenship.
U. S. Attorney Wendy Johnson filed a motion Monday to revoke his citizenship.
The motion was argued today during a hearing.
John Wesley Hall, Jr., Jaber's attorney, questioned whether the court has the jurisdiction to order Jaber to be detained for the federal Immigration and Customs Enforcement agency.
Hall also asked the court if the statute mentioned in the revocation request meant conviction as when the jury renders a verdict or after sentencing. Hall asked the court if Jaber's naturalization is revoked and then the defense wins an appeal, would Jaber's naturalization be reinstated.
Hendren said in that specific situation, the higher court would probably vacate any order from the district court.
Hendren said he was unclear on the statute's meaning of "upon conviction." A return of a verdict isn't a conviction and based on some other cases, the revocation wasn't considered until sentencing, he said.
A revocation of naturalization is an important consideration for the court because a person goes through a lengthy process to attain it, Hendren said. He asked the attorneys to provide briefs within 10 days on the motions and he will rule at that time.
Jaber said today he was happy with Hendren's decision regarding his citizenship. It took seven years for him to gain naturalization, and he appreciated the judge's thoughts, he said.
"It (naturalization) really is a sacred thing," Jaber said. "It's difficult to earn citizenship."
Jaber plans to go back home and teach when his legal problems are over. He received his doctorate in chemistry from the University of Arkansas. He said he would like to stay and teach in Arkansas if allowed but realizes that may not be possible.
Jaber still could face jail time on the charges of making false statements to obtain a passport and unlawful procurement of naturalization and credit card fraud.
He will be sentenced within 90 days after a presentencing investigation is completed.
The defense is still considering whether it has grounds for an appeal.
Hendren also ruled to keep Jaber under the same bond and the same orders of wearing an electronic monitor. He has surrendered his passport. The judge asked Jaber to make himself "reasonably available" for his attorneys and the court during the presentencing investigation time.
Jaber said he hadn't left Washington County since his arrest last year. Under his bond, he is suppose to stay in the county and has to get permission to go anywhere else.
Jaber and his wife, Dawn, were pulled out of line by FBI agents at the Northwest Regional Airport on June 14, 2005 on their way to Palestine. Jaber told his doctoral professor and others at the university that he was going to Palestine to "fight for freedom, peace and justice." Jaber testified last week he was frustrated with a professor over delays in graduating and made the statements in an effort to sway the teacher into approving his degree.
He said he didn't mean any of it and recanted the statements under questioning by FBI agents.