Ex-imam of mosque being deported

Deal with US court avoids prison term for lying about visa

Muhammad Masood

As the spiritual leader of a mosque in Sharon, Muhammad Masood drew praise as a peace-loving imam who participated in interfaith services and broke the Muslim fast of Ramadan at a local synagogue.

Yesterday, under an agreement with federal immigration authorities, the 50-year-old father of eight promised to leave the country tonight and return to his native Pakistan to avoid being arrested and jailed for months until he is deported.

Masood was sentenced yesterday in US District Court in Boston to three years on probation for repeatedly lying to immigration authorities from 2002 to 2006 in a bid to obtain a green card. He pleaded guilty in February to five federal crimes stemming from his actions. That prompted an immigration judge to order his removal.

Although he was relieved he would not be arrested, the former imam of the Islamic Center of New England's mosque in Sharon was heartbroken about leaving his wife and children, said his lawyer, Norman S. Zalkind of Boston. Masood also fears returning to a volatile country where he could be in danger from Muslim extremists who reject his preachings of peace, the lawyer said.

"This is a very disturbing case to our office," Zalkind told District Court Judge Douglas P. Woodlock as Masood sat silently at the sentencing hearing. "His family has been living in this country for 20 years. He is totally petrified of going back to Pakistan."

Outside the courtroom later, Zalkind went further. He said the case reflects an anti-Islamic bias and accused US Attorney Michael J. Sullivan of using federal antiterrorism funds to pursue what are essentially immigration cases.

"Post-9/11, there's a huge budget for terrorism, and they don't find terrorists here in the United States," Zalkind said. "So they spend their money on these types of cases."

In a brief telephone interview, Sullivan said his office does not receive money specifically earmarked for combating terrorism and flatly denied that Masood's prosecution reflects an anti-Islamic bias.

"The fact of the matter is this individual lied to immigration officials a number of times over a number of years," Sullivan said. "The reason why he was prosecuted has nothing to do with his national origin or his faith."

During the brief hearing, Woodlock acknowleged that immigration fraud cases stir strong passions. But he pointed out that Masood admitted lying to federal immigration authorities.

"I don't know what you want me to do," Woodlock told Zalkind. "The defendant was convicted of a crime."

Agents from US Immigration and Customs Enforcement had planned to arrest Masood immediately after his sentencing, originally scheduled for May 22.

The move appeared to startle and anger Woodlock and prompted him to postpone the sentencing.

Recently, Masood reached an agreement with immigration authorities that enabled him to return to Pakistan on his own, which Woodlock said represented "somewhat more humane" treatment.

Masood declined to comment after yesterday's sentencing as he walked to a court office to pay a $500 fee. He was accompanied by an adult daughter and an unidentified supporter.

Khalid Nasr, the imam of the Islamic Center's mosque in Quincy, said in a phone interview that he feels sad that Masood will be separated from his family, but Nasr expressed faith in the federal court system.

"If the law says the penalty is deportation, that's what it should be," said Nasr, who has filled in for Masood as the imam in Sharon.

Masood came to the United States in 1987 under a special visa for exchange students, according to an affidavit by a federal immigration agent. He enrolled at Vanderbilt University and transferred to Boston University the following year to study economics in a master's degree program. He became the imam of the Sharon mosque around 1998, the affidavit said.

When he pleaded guilty, Masood admitted that in December 2002 he falsely told authorities in an application for permanent legal residency that he returned to Pakistan from 1991 to 1993 after ending his studies. In fact, Masood never left Boston.

He also admitted falsely denying to immigration authorities that he had been arrested for any crimes. He was arrested after being accused of shoplifting in Norwood in 2000, but the charge was dismissed.

Masood had faced a maximum of 10 years in prison, but his lawyer and prosecutors reached a deal to spare him imprisonment.

Jonathan Saltzman can be reached at jsaltzman@globe.com