Lawyers who are defending the Castle Rock owners of Christie’s
Cafe must do exhaustive research in Pakistan before presenting
their case to U.S. District Chief Judge Lewis Babcock.
It will likely take lawyers months to travel abroad to research
paternity documents and other evidence to determine whether cafe
owner Abdul Qayyum is the father or uncle of a suspected illegal
immigrant from Pakistan.
On immigration documents filed six years ago, Kahn and Qayyum
said they were father and son. In March, Kahn told Homeland
Security investigators he is Qayyum’s nephew. Last week Kahn told
the court he is not sure who his father is.
Kahn, 24, moved from Pakistan to Denver in 1997. He was 17 years
old at the time. He now lives in California. His family members are
facing conspiracy charges because they repeatedly told Homeland
Security investigators he was Qayyum’s son.
Christie’s Cafe owners Qayyum and his wife, Christie Warren, are
accused of lying on immigration documents six years ago to bring
Kahn to the United States, saying Kahn was Qayyum’s son. Homeland
Security agents have been investigating the couple and four other
family members since December 2002.
Besides Qayyum and Warren, the case involves Qayyum’s grown
daughter Saima Naseem and son-in-law Haroon Rashid, Qayyum’s adult
son Irfan Kamran and Sajjid Nasser. All six are charged with
conspiracy to conceal and harbor an illegal alien.
Homeland Security agents said they have classified information
on Nasser and Rashid that reportedly indicates they participated in
terrorist training camps.
Both defense lawyers and prosecutors say they need more time to
define what is in a “classified box of information” held by U.S.
attorneys Steve Tyrell and David Gaouette.
After Kahn said he did not know for sure who his father is,
Babcock in court last week ordered saliva samples from Qayyum for
DNA testing. Lawyers will also research paternity documentation in
Pakistan, if possible. If the judge determines that Qayyum is
Kahn’s uncle, Qayyum and his family will be in violation of U.S.
immigration laws.
Babcock granted both sides’ requests for extra time June 18
because the six-person case is complex. Each family member charged
has his or her own attorney.
The “complexity declaration” will give lawyers and the court
more time to study the case. The three U.S. attorneys and five of
the six defense attorneys – except for Warren’s – filed the
complexity motion. Defendants, including Nasser and Rashid, who are
in jail, waived their rights to speedy trials.
At the June 18 proceeding, Rashid asked Babcock whether he could
fire his public defender Anthony Joseph. Babcock told Rashid he
would grant the request for a new attorney this time, but probably
would not do so a second time if asked by Rashid.
In his defense, Joseph said Rashid did not understand legal
proceedings. Rashid said Joseph was rude and would not take any of
Rashid’s suggestions. Rashid’s request to have Nasser’s attorney,
David Lane, as his attorney was denied by Babcock.
Nasser’s pregnant wife again watched the proceedings June 18
with a friend at the Alfred A. Arraj Courthouse in Denver. On
separate charges, Sajjad Nasser was indicted last month on five
counts of making fake IDs. He faces up to 16 years in
prison.
The next step in the court proceedings will be a pre-trial
conference, which might be closed to the public. Babcock approved
several court employees for background screening to help handle the
hearing.
Even before the FBI searched Qayyum and Warren’s Denver house in
February and charged them with the immigration violation, the cafe
on Castle Rock’s Wilcox Street had not turned much of a profit in
its first year, Warren said on financial affidavits.
Qayyum, Warren and Naseem are out on $10,000 bonds and face a
maximum of 10 years in prison and $250,000 in fines.
Warren and Qayyum have two young children. Neighbors have
described the couple as friendly and helpful.