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CNN Live At Daybreak

Is Mohammed Khan's Case Mistaken Identity?

Aired January 04, 2002 - 06:23   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL LIN, CNN ANCHOR: Mohammed Khan applied for political asylum in the United States, but he was taken into custody after September 11 and is being held without charges. He said he is the victim of mistaken identity.

He talked with CNN's Deborah Feyerick about his case.

(BEGIN VIDEOTAPE)

DEBORAH FEYERICK, CNN CORRESPONDENT (on camera): Some people are going to see this interview and they're immediately going to think, well if you're in jail, there's a reason you're in jail.

MOHAMMED KHAN, DETAINEE: I have never commit any crime, never involved in any activities, nor belong to any groups, so I don't think I have done anything wrong to anybody.

FEYERICK (voice-over): Mohammed Khan was living the American dream, good job, nice house, expensive vacations with his wife and three kids, but five weeks after the September 11 attacks, the FBI and INS showed up at his door and all that changed.

KHAN: And I was taken to the court, cuffed my hands, my feet, chain around me. I'm feeling like a real big criminal, which I've seen only in the movies.

FEYERICK: The INS says Khan was taken into custody because of information developed during the 9-11 investigation. The agency won't say what it is and no criminal charges have been filed. Khan says an FBI agent told him they were looking for a different man with the same name.

KHAN: I live always good life, and for me, this is like a hell to me.

FEYERICK: Khan's story, in 1991 he applied for political asylum. By the time INS called his case six years later, Pakistan's government had changed several times.

(on camera): Khan's asylum request was turned down. He was told to leave the country. Instead, he appealed and his deportation order was stayed. Immigration law allows people appealing to remain in the country. The INS can put them in jail, but it rarely does, so Khan stayed and worked, paying taxes and putting down roots for 10 years. (voice-over): But after the terrorist attacks, INS played that rarely used card, revoking his free status and taking him into custody pending his appeal.

KHAN: I shouldn't be prosecuted. I should not be put in the jail and detained, but I'm not involved. I'm part of U.S. economy and culture. I should be leaved alone and let me go back to my family and my kids.

FEYERICK: The INS says Khan has no legal status in the U.S. and that he violated federal immigration law by overstaying his initial tourist visa 10 years ago. An INS spokesman tells CNN, "the United States has been extremely generous in allowing Khan to pursue his rights. Justice," says the spokesman, "is not him getting what he wants, but what's right under the law." However, the INS does admit, "if it were not for September 11, Khan would not be in custody."

KHAN: I am good American people, and what President Bush has done is right thing to do, but again, arrest the people who are involved, not the innocent people. People like me and people like other 20 years old, 25 years old people, those even -- don't even look like terrorists are here.

FEYERICK (on camera): But the terrorists who hijacked those planes didn't look like terrorists either.

KHAN: You're absolutely right.

FEYERICK (voice-over): In the meantime, Kahn's wife is writing to everyone she can, President George Bush, Vice President Dick Cheney, her local congressman. Their offices wrote back that they'll look into Khan's case as soon as possible.

Says one law enforcement officer, Mohammed Khan took a gamble setting down roots before anyone gave him the green light to stay.

Deborah Feyerick, CNN, New York.

(END VIDEOTAPE)

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