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Carrboro mother will seek asylum

The Iranian native's attorneys say she may be free on bail soon

- Staff Writer

Published: Thu, Dec. 14, 2006 12:30AM

Modified Fri, Dec. 15, 2006 11:04AM

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CORRECTION

A story Thursday in the City & State section mistakenly stated that Manlin Chee is still incarcerated on immigration fraud charges. She has completed her sentence.

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Attorneys for Sima Fallahi of Carrboro, an Iranian native facing deportation, will seek asylum status in court for their client.

Raleigh-based immigration lawyers Jorgelina Araneda and Randall Stroud said Wednesday during a news conference that Fallahi could be out on bail in two months.

Fallahi, 48, never renewed a 1985 student visa. She was detained two weeks ago by Immigration and Customs Enforcement and is now being held in the Mecklenburg County jail.

Her attorneys said they'll try to prove that Fallahi's 1999 asylum application was mishandled by former attorney Manlin Chee, now in federal prison on fraud charges.

In 2001, an immigration judge issued a deportation order when Fallahi missed a court date.

But Araneda, blaming Chee's negligence, said her client was never interviewed by an immigration officer -- a key step in getting asylum status.

In two weeks, Araneda and Stroud plan to formally request a new hearing. If it's granted, Fallahi can make bail and return to Carrboro. The process of applying for asylum could take years.

Fallahi has been a Carrboro Elementary PTA mother and a fixture at Weaver Street Market, downtown Carrboro's busiest hangout.

She has not been employed for much of her five years in Carrboro. Friends and sympathizers are covering her legal costs, which eventually could reach $10,000 to $15,000 if hearings are successful, Araneda said.

U.S. Rep. David Price, at the request of Carrboro Mayor Mark Chilton and state Sen. Ellie Kinnaird, has asked immigration officials to keep Fallahi jailed nearby so she can see her American-born 11-year-old daughter.

Staff writer Patrick Winn can be reached at (919) 932-8742 or patrick.winn@newsobserver.com.

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