An Afghanistan national and Rochester, N.Y., restaurant owner who stabbed his sister multiple times, calling her “a bad Muslim girl,” remained in the United States for more than 15 years following his conviction.
U.S. Immigration and Customs Enforcement in Buffalo finally caught up with Waheed Allah “Jay” Mohammad, 39, and took him into custody on Jan. 1 in Rochester, ICE said.
Mohammad was convicted of attempted murder after the attack on his sister in 2008. He stabbed his 19-year-old sister several times during an argument, calling her a “bad Muslim girl.”
Mohammad said she had disgraced her family by dressing immodestly and frequenting dance clubs.
Court documents reveal Mohammad pleaded guilty to attempted murder and assault in 2009. He received a 10-year prison sentence and five years of post-release supervision.
“This criminal illegal alien tried to kill his own sister,” said ICE Director Todd M. Lyons.
Although Mohammad lawfully entered the United States on May 24, 2004, ICE has claimed the conviction violated his legal right to stay in the country, according to a news release.
“Waheed Allah Mohammad was given a golden opportunity to lawfully reside in the United States, but instead of making the most of his American dream, he decided to break our laws by violently attacking his own sister,” said ICE Enforcement and Removal Operations Buffalo acting Field Office Director Tammy Marich.
ICE Buffalo pursued the removal of Mohammad in April 2009, and on May 31, 2012, a Justice Department immigration judge ordered his removal from the United States.
“As a convicted violent offender, Mohammad represents the worst of the worst and is exactly the kind of alien that ICE Buffalo seeks to remove from our New York neighborhoods,” Marich added.
WHAM 13 News reported that Mohammad’s sister addressed the court prior to his sentencing and said she forgave him. Per the court transcript, she said, “unless you have experienced my culture first hand, you would have no way of comprehending why my brother did what he did.”
Despite that conviction, Mohammad went on to co-own two restaurants, Jay’s Kitchen and Jay’s Halal Cuisine, according to WROC News 8.
Mohammad’s brother, Reza, told WROC News 8 that Mohammad allegedly has documentation proving he is legally allowed to reside in the U.S., and that his family is working with an immigration attorney to challenge his detention.
The local newspaper, Democrat & Chronicle, ran a sympathetic story about Mohammad’s arrest, describing him as a “popular halal shop owner” and the “culinary force behind two Rochester eateries.”
Family members reportedly provided the newspaper with paperwork that showed a federal immigration judge deferred that removal order under a human rights provision known as the U.N. Convention Against Torture.
The deferral allowed Mohammad to remain in the U.S. until federal officials could determine it was safe for him to return to Afghanistan, according to the outlet.
Mohammad remains in ICE custody pending his removal from the United States.
Marich said ICE Buffalo will continue to “prioritize the safety of our American communities by arresting and removing criminal alien offenders from our streets.”
The U.S. Department of Homeland Security continues to release updates on the “worst of the worst” criminals arrested across the country and has a searchable database at dhs.gov/wow.
“When we say ICE is arresting the ‘worst of the worst,’ this is exactly what we mean,” Lyons added. “We’re conducting targeted enforcement operations to arrest and remove convicted criminals like Mohammad who pose clear threats to their families, communities and states.”
