Credibility: Original Reporting Sources Cited Original Reporting This article contains new, firsthand information uncovered by its reporter(s). This includes directly interviewing sources and research/analysis of primary source documents. Sources Cited As a news piece, this article cites verifiable, third-party sources which have all been thoroughly fact-checked and deemed credible by the Newsroom. Asif Amin Cheema, 63, his daughter, Rabia Amin and his wife smile for a photo at Amin's law school graduation. Credit: Provided HUMBOLDT PARK — A Humboldt Park business owner’s future is in limbo after a Chicago court denied his motion to stay in the country while he and his family fight a removal order. Now, his family is fearing imminent deportation if a federal appellate panel rules against him. Asif Amin Cheema, 63, a longtime Chicago-area resident who owns the fast food lunch restaurant Best Sub #2 in Humboldt Park, 2653 W. North Ave., could be deported to his home country of Pakistan any day now, said his attorney, William McLean. That’s unless the Board of Immigration Appeals, an administrative appellate body in the Department of Justice, rules to reopen his pending deportation appeal, McLean said. The 7th U.S. Circuit Court of Appeals, which last week halted the government’s emergency removal order against Cheema while it considered a longer-term stay, refused to extend the emergency stay on Monday, court records show. “What that means is the government, if they can get their stuff in order, are free to remove him,” McLean said Tuesday. “There’s no impediment to removing him, even though his appeal is still pending.” If Cheema is deported before the Board of Immigration Appeals rules on his appeal, that appeal would be nullified since Cheema would no longer be in custody and in the country, McLean said. However, Cheema cannot be deported if the board reopens his appeal before then, his attorney said. “It’s very disappointing. We voted for the courts to serve justice and bring balance,” said Rabia Amin, Cheema’s daughter. “We still are not going to stop. He is our dad, a hard-working immigrant. I stand by everything we have done.” Cheema’s family has been fighting to stop his deportation to Pakistan over a 1993 removal order that Amin said they “had no idea” about until her father was detained in September as part of Operation Midway Blitz. Cheema was never given a fair opportunity to fight the old order, she said. Cheema has been in ICE custody since Sept. 17, when Border Patrol agents stopped him while he drove in suburban Addison, where he lives, his family said. Amin is also a lawyer and is helping with her father’s case. She said the Board of Immigration Appeals informed her this week that it would expedite its ruling on her father’s motion to appeal deportation. Yet that doesn’t guarantee the case will get reopened, she said. “It’s not fair to remove someone when the [Board of Immigration Appeals] is so close” to a decision, Amin said. “We’re just asking for time so we can get an answer and make sure my dad is being treated fairly. … What will get these judges to help people getting neglected in the hands of the government?” Asif Amin Cheema, 63, seen sitting at a table. Credit: Provided A medical emergency this month added fresh urgency to the family’s legal fight. Last week, Cheema was set to be deported — without his family’s knowledge — but then collapsed at O’Hare Airport after feeling unwell and not receiving his diabetes medication for at least three days while in ICE custody, his family previously said. He was rushed to the hospital, treated for a headache, and then sent back to the Indiana jail. That same day, the federal appeals court blocked his deportation on a temporary basis as it considered the longer-term order. In seeking to stop Cheema’s deportation, the family cited his serious health issues and clean record. All they want is a judge to “toss us a bone,” Amin said Tuesday. She said losing Cheema has been difficult on her mother, her siblings and the Humboldt Park business he’s operated. Cheema has been in the United States since the ’80s, going back and forth between countries with a visa until about 1997, his family said. Cheema is also disappointed on the recent court ruling but still calls the family twice each day, Amin said. He is still in ICE custody in Indiana and being given his medication again, though Amin is not aware of the full extent of her father’s condition. She said he is taking a lot of naps and gets tired quickly. While the family awaits news from the Board of Immigration Appeals, Amin is exploring other legal options to keep her father from being deported. McLean said it’s unclear if he can appeal Monday’s removal order denial, but if so it would need to be filed with the U.S. Supreme Court. A spokesperson for the Department of Homeland Security said Cheema has had a final removal order issued and upheld by a federal immigration judge and remains in custody “pending his removal home” following Monday’s ruling. The spokesperson did not answer questions about when Cheema may be deported. While Cheema’s future remains unknown at this time, McLean said he has had past cases where ICE officials release detainees with various medical issues like Cheema or for other reasons, he said. “Every day that he’s here is another blessing from God, because we can possibly do something if he’s still here,” McLean said. “If he’s not here then we have to start his immigration case over completely.” Post navigation