Los Angeles-based attorney Henry Haddad speaks to Mona Sewilam about his investigations into the vexed question of the nationality of disqualified presidential candidate Hazem Salah Abu Ismail's mother You are a licensed attorney specialising in immigration law in California. Why have you spent so much time, effort and money on investigating the nationality of Hazem Salah Abu Ismail's mother? Even though I am a US citizen and have lived in the US for over 45 years, Egypt holds a special place in my heart because I was born there and my parents are Egyptians. So, naturally I like to keep up with news and events in Egypt. I believe that it is important for all Egyptians that the presidential election be open and lawful, and the candidates behave with transparency. The election laws do not permit candidates to run for office if either parent holds non-Egyptian nationality. The question of Abu Ismail's mother's nationality I had assumed could be answered easily. All he needed to do was to either confirm or deny the rumours that surrounded the issue. I was surprised that he was not more forthcoming with the public. He could easily have published her permanent residence card (green card) and authorised the US government to release information contained in his mother's immigration file to anyone who asked. This would have put an end to the issue a long time ago. The best way to end controversy is to come clean with verifiable evidence. I do not want to see the Egyptian people have to deal with this controversy for an unnecessary length of time. Abu Ismail was among the 10 candidates disqualified from Egypt's presidential race on 14 April. He is appealing against the decision of the Presidential Elections Commission (PEC) though the case continues to be surrounded by confusion. What does your private investigation indicate? Did Abu Ismail's late mother hold US nationality? My investigation has revealed that Nawal Abdel-Aziz Nour, Abu Ismail's mother, was a US citizen. There is compelling evidence that a person named Nawal A Nour, born on 3 November 1946 and whose address was 844 5th Street, Apartment B, Santa Monica, California 90403-1348 , became a US citizen. Her name was on the voter of the Los Angeles County Recorder Registrar's Office. To get on the roll a person must be a US citizen. So this was a piece of evidence that needed to be checked out. My investigation also involved examining other reliable databases all of which confirmed that she had become a US citizen before her death. The Egyptian government was notified by the US authorities that Abu Ismail's mother obtained US nationality on 25 October 2006 and was issued with a US passport, number 500611598. Now I'd imagine that her immediate relatives were aware of her nationality status. Abu Ismail insisted his mother was not a US citizen, but possessed a US green card. It would have been the easiest thing in the world for him to have published that green card. It would have taken a matter of minutes for him to authorise the US government to release his mother's immigration records and thus end the controversy about his mother's nationality status. Yet he did neither of these things. What would be the significance of showing the green card? A green, or permanent resident, card is proof that a person is a US resident and is valid for 10 years at a time. The residency is renewed automatically as long as the holder has not committed a crime or is otherwise ineligible. The green card has the date of birth of the person and his/her alien number, what we call "A" number. This is a number assigned to every person who applies for immigration benefits in the US and it stays with that person until he/she becomes a US citizen. The "A" number is significant because it can be used to verify his mother's citizenship status in the United States. There were claims that the documents Cairo Administrative Court received from the Egyptian government indicated Abu Ismail's mother obtained US citizenship on the same day she applied for it. Is that possible? No. The citizenship application process usually takes between six to nine months. The applicant will be fingerprinted then asked to appear at an interview to verify his/her eligibility and knowledge of US history and the English language. After a person passes the examination, he/she will be asked to appear at a swear-in ceremony when he/she will receive a Certificate of Naturalisation. The certificate is one of the three proofs of US citizenship. The others being a birth certificate or a US passport. Also remember that when a person becomes a US citizen, he/she is not automatically issued a US passport. And keep in mind that a passport's validity starts from the date it is issued and not the date a person becomes a US citizen. Abu Ismail says on his Facebook page that the Egyptian government has not passed any original or authenticated documents to Cairo Administrative Court that prove his mother's US nationality, "not even a video for her swear-in ceremony"... This is funny because no person gets a video of the swear-in ceremony. The ceremony is not individualised. Often times there are thousands of people being sworn-in at the same time. And as I mentioned before, there are three proofs of US citizenship: a Certificate of Naturalisation, a birth certificate and a US passport. Any one of those documents is sufficient proof of US citizenship. So how can the Egyptian government get hold of the Certificate of Naturalisation or the US passport of Abu Ismail's mother? Through formal channels which may take months. The fastest way would be for Abu Ismail or the representative of the estate of the late Mrs Nawal A Nour to authorise the US government to release relevant information to anyone who makes a request. We visited the Santa Monica address together and it is a multi-unit apartment building. Mrs Nour's name was not on the mailbox and it appears that her apartment was rented to somebody else. So how reliable are your data and sources? The databases we accessed are a compilation of records from California government agencies, including the Department of Motor Vehicles and the Los Angeles County Registrar's Office. By accessing these databases we were able to verify that the information was accurate based on her date of birth, the names of her relatives and people closely associated with her and her social security number. We found her addresses included the Santa Monica one and another in Redondo Beach (2504 Spreckels, Redondo Beach, CA 90278-5337 -- Los Angeles County). The database indicates that Mrs Nawal A Nour lived at the Santa Monica address until 2010. It was a rented apartment so you can hardly expect to go there and find relatives of Mrs Nour living there. Any connection with the apartment expired with the lease. Abu Ismail's team has stressed that his mother did not have US nationality and that she only carried a US permanent resident card (green card) and not a passport. They also claim that the information on the Voter Registrar's records is forged, part of a plot to disqualify Abu Ismail from Egypt's presidential elections... The Voter Registrar's records are not 100 per cent reliable. Mistakes have occurred in the past. Yes, part of her Santa Monica address is missing and there is no note of her death. But the Voter Registrar's Office does not record deaths and a person will remain on its roll until the office is informed otherwise. But it is still an indicator of his mother's US nationality that should not be overlooked. In fact, it is a combination of all the factors and databases that I mentioned before that make it far more likely than not that his mother had become a US citizen. Cairo Administrative Court ruled on 11 April that the Interior Ministry is obliged to provide documentation that Abu Ismail's mother did not carry any other nationality. What are the legal procedures and how long does it take to access official documents that prove US nationality? I do not know what evidence was presented to Cairo's Administrative Court but I understand their decision. For example, if they were presented with photocopies of a passport or Naturalisation Certificate, which are definitive proof of US citizenship, then they would be correct in their ruling because these documents would have to be authenticated and certified by the US government agencies that issued them. No court in the US would accept unauthenticated copies of legal documents as a valid proof. To obtain official and authenticated documents from the US government it must be made through one of these channels: - By a subpoena (court order) when there is a case pending in a US court which takes a few months to allow for objections by any interested party. In this instant, if the court in Egypt issues a subpoena for the release of US government records, the subpoena itself must be validated by a US court before a US government agency is required to comply with the orders. In effect, Mr Abu Ismail can delay court matters in Egypt and the US by objecting to the process and creating circular, non-ending judicial proceedings that may take months or years. Eventually, a US court will have to weigh the public interest at stake before it issues a subpoena for the release of records. - By authorisation from the individual or a representative of the estate of the individual if he/ she is deceased. This is the quickest way and may take from a few weeks to a few months. - Through a request made under the Freedom of Information Act which may take from a few months to a year or more. To bring this matter to a close Mr Abu Ismail should stop beating around the bush and allow Egyptians to see the evidence with their own eyes. The certificate issued by Egypt's Interior Ministry on 12 April states that its records do not include evidence that Abu Ismail's mother held any other nationality. From a US legal standpoint would this document constitute sufficient evidence that his mother was not a US citizen? Is an Egyptian government body in a position to prove US citizenship? No. The Egyptian Interior Ministry's certificate and California's public records are both insufficient evidence. Also, the latter is not officially issued by the US government. Since the DHS- USCIS adjudicates on who is eligible to become an immigrant (a green card holder) and who is eligible to become a US citizen, they are in the best position to verify whether or not she was a US citizen. The US Citizenship and Immigration Services is the place where Mr Abu Ismail should go for solid evidence, or the US State Department for passport information. It is his call. It is no secret that many Egyptians who acquire another nationality do not register with the Egyptian government and are, therefore, not recognised by Egypt as dual nationals. What is the US position on this matter? This is a common occurrence. Many nations do accept dual nationality but if you enter a foreign country without a US passport, then you will not be accorded the rights of a US citizen if problems arise in the host country. Before you become a US citizen you take an oath and swear allegiance to the US. This is sufficient evidence of your intentions. In addition, freedom to travel is guaranteed by the US Constitution. A US travel document looks very much like a US passport. Abu Ismail's defence team says his mother travelled with a US travel document only. The Interior Ministry referred to information that she entered Egypt using a US passport in 2008 and 2009. The government also says the mother used a travel document to enter and leave Egypt several times. What is the purpose of a travel document? Permanent residents are entitled to obtain a travel document which is usually referred to as a re-entry permit and it gives permission to US residents to remain outside the US for a period of time, not to exceed two years, without losing residency rights. This document is also used by refugees or displaced individuals who cannot get a passport from their home country but need to travel. This document is the same size as a US passport and allows for visas and entry stamps to be posted on its pages. However, the travel document is issued by the DHS-USCIS, while a US passport is issued by the State Department. A travel document is not issued to a US citizen. However, if a person applied for a travel document, which typically is valid for two years, and then becomes a US citizen, they can make use of the travel document if they have an urgent need to travel and cannot wait for a passport to be issued. More importantly, a travel document is not proof of US citizenship. There have been rumours in Egypt that Nawal Nour used a so-called "white passport" which it is claimed can be issued after submitting an application to become a US citizen. There is no such thing. After a person submits his/her application for US citizenship and until that person receives a Naturalisation Certificate, he/she is considered a US resident, entitled only to a travel document if he/she intends to stay out of the US for an extended trip. What do you think of the criticisms voiced against the US government for remaining silent about the nationality of Abu Ismail's mother? In remaining silent the US is proceeding correctly. It does not want to interfere in the internal affairs of another nation, especially with regard to a very important election. The US government also has an obligation to protect the privacy of its citizens (if in fact she was a citizen of the US) and cannot disclose information without authorisation from the individual's representative or through formal channels.
