ORIGINAL CASE DETAILS ON MOHAMMED JABATEH
Back in 2017, a man by the name of Mohammed Jabateh was convicted of federal immigration fraud and perjury charges in the Federal Eastern District Court in Philadelphia for hiding his past when applying for permanent residency in the United States. Jabateh had immigrated from Liberia in 1998 and started a shipping container business in Philadelphia all while getting married and supporting a family. Federal prosecutors sought to show that Jabateh was actually also known as “Jungle Jabbah,” a Liberian military commander and war criminal who was tied to countless murders, rapes, and other atrocities during Liberia’s civil wars. In looking to prove the government’s charges of immigration fraud and perjury, federal prosecutors had to tie Mohammed Jabateh to the murderous deeds of Jungle Jabbah. Federal prosecutors flew in 17 witnesses from Liberia to identify and testify about the atrocities that Jungle Jabbah committed on them and their families, which included murder, rape, and sex trafficking. Jabateh was then convicted and sentenced to 30 years in prison not technically for the alleged war crimes, but for immigration fraud and perjury. His federal sentencing guidelines were much lower than his actual sentence, which called for a sentence of between 15 to 21 months in federal prison.
SENTENCING APPEAL
Jabateh appealed his sentence to the Third Circuit Federal Court of Appeals stating that it was excessive given what he was convicted of. The Third Circuit Court agreed with the District Court judge’s decision to sentence Jabateh to more than 15 times his federal sentencing guidelines not just because of the gruesome nature of the charges alleged, but also because of how they believe Jabateh used the American system of asylum in reverse. The three-judge panel deciding the case at the Third Circuit found that Jabateh made a mockery of the United States asylum system which was designed to protect people who were fleeing from countries who abused human rights like Jabateh himself. Jabateh all along has openly said that he was involved in a rebel group, but he was also a victim of atrocities from the Liberian government and was not behind all of the murders, rapes, and sex trafficking that he was accused of. His defense further argued that the United States government essentially tried him in a criminal case over which the United States does not have jurisdiction of to begin with. Jabateh’s only remaining legal option is to seek an appeal by the United States Supreme Court.
HOW DOES THIS AFFECT ME?
If you received your legal status or citizenship in the United States based on a claim of asylum, then this can affect you directly. While most actions such as these were reserved for accused Nazi war criminals in the past, this decision and verdict has shown that the United States government can not only charge you with immigration crimes, then can also seek to prove you lied or hid the truth about those past crimes through a jury trial as they did with Jabateh. Even more concerning is the fact that a conviction for an immigration crime can result in an exponentially higher sentence that normally given if there are claims of extreme violence committed by the person accused. This decision can and will lead to other cases like it; where the United States government can look to prove someone guilty of crimes that occurred in other countries in order to prove that they lied on their applications for legal status in the United States. If you have any questions about what penalties you may face from an action against your immigration or asylum status, then it is important that you seek the advice of an experienced federal immigration crimes attorney.
