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By SUZANNE GAMBOA
.c The Associated Press

WASHINGTON (AP) - An Egyptian immigrant who shot and killed two people July 4
at Los Angeles International Airport previously told U.S. authorities he had
been falsely accused of being in a militant Egyptian group that the United
States now lists as a terror group, officials said Wednesday.

An Immigration and Naturalization Service spokesman says a broken asylum
system allowed him to remain in the country.

In a March 30, 1993 interview for asylum, Hesham Mohamed Hadayet told the INS
that Egyptian authorities arrested him and accused him of involvement with
Al-Gamma'a al-Islamiyaa, the Islamic Group, said immigration officials who
reviewed notes from the interview.

At the time, the group was waging a violent campaign to topple the secular
Egyptian government and replace it with Islamic rule. The group is now on the
State Department's terrorist organizations list, which did not exist until
1997.

On Wednesday, Hadayet's wife, Hala El-Awadly, and Egyptian police denied that
Hadayet had any links with terrorist organizations.

The INS eventually denied Hayadet asylum, deciding his claims lacked
credibility, but he did not show up for a 1995 removal hearing. He was able
to remain in the United States with a work permit and become a U.S. resident
after his wife won her residency in the U.S. visa lottery program.

Hadayet was killed by a security guard in the Los Angeles airport after he
killed two people at Israel's El Al ticket counter.

INS spokesman Bill Strassberger said that when Hadayet applied for asylum,
the INS's asylum system was in disarray, allowing applicants to stay in this
country on work permits while their cases took years to resolve.

``By 1992, the asylum process was in virtual meltdown, paralysis,'' he said.

News of Hadayet's comments prompted Attorney General John Ashcroft to write
to INS Commissioner James Ziglar, directing the agency to conduct ``a prompt
review of existing asylum files to ascertain whether other individuals may be
present in the United States who have admitted that they have been accused of
terrorist activity.''

A Justice Department spokesman did not immediately provide comment.

The Illegal Immigration Reform and Responsibility Act, passed by Congress in
1996, called for the State Department to start keeping a list of terrorist
organizations. A State Department spokesman could not be immediately reached.

The group Hadayet mentioned first shows up on the list on Oct. 8, 1999, under
a similar name, an immigration official said.

``That long ago, most immigration officials would not know what the guy was
talking about. The U.S. understanding of terrorism groups, especially in the
Muslim world, there was a lot more distance at that time,'' said Vince
Cannistraro, a former CIA counterterrorist chief.

Hayadet entered the country as a tourist July 31, 1992 and applied for asylum
Dec. 29, 1992. He was allowed to stay legally through Jan. 25, 1993.

On his application, he said he was arrested several times for no reason and
forced to sign papers saying he committed crimes he did not commit, INS
officials said.

The asylum system has since been reformed. Now INS officers must decide a
case in 60 days and an immigration judge must decide whether to order the
immigrant's deportation or reverse the asylum decision. Immigrants seeking
asylum now cannot apply for work permits when their cases are pending, even
if they are appealing their case, Strassberger said.

About 97 percent of asylum applicants now show up for asylum hearings. The
INS no longer mails applicants the decision. Instead, the applicant is told
at a scheduled interview. An immigrant who misses the interview faces
automatic removal.

On the Net:

INS http://www.ins.gov,

State Department terrorism list
ttp://www.state.gov/s/ct/rls/pgtrpt/2001/html/10252.htm ig



09/25/02

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