Humboldt Park restaurant owner loses deportation appeal in federal court

A Pakistani man who owns a restaurant in Humboldt Park has lost an appeal of his deportation order, just days after he collapsed before boarding a flight at O'Hare Airport to remove him from the country.

The 7th U.S. Circuit Court of Appeals initially halted removal orders for 63-year-old Asif Amin Cheema earlier in December. The court on Monday ruled his deportation order could proceed.

Cheema, also known as Amin Choudry, is the owner of Best Sub #2 on North Avenue.

His family and lawyer don't know when Cheema may be deported. His daughter, Rabia Amin, says he is still being held in a detention center in Indiana, where she says he has been prevented from visiting his attorney and receiving medication.

Her family has another case pending in federal court alleging Cheema has been unlawfully detained. Amin said she fears that case is "moot" now that the appeals court did not block his removal orders.

"I'm really disappointed," Amin said of the ruling.

She has said her father has severe health issues, having previously suffered two heart attacks. He was scheduled to be tested for colon cancer the week of his arrest.

"We're not going to stop fighting," she said. "We're going to talk to our legal team and find out our options. This is wrong, and we're not going to let a corrupt government win."

The Department of Homeland Security did not immediately reply to a request for comment.

Amin said Cheema was detained Sept. 17, not long after the beginning of Operation Midway Blitz, President Donald Trump's aggressive immigration enforcement campaign in the Chicago area that started in September.

In a previous court filing, the Justice Department said Cheema has been subject to a final order of removal since 1993. Amin has said a previous attorney of Cheema’s failed to make him aware of it.

His family still doesn't know why he collapsed before boarding a removal flight at O'Hare, Amin said. On the day he collapsed, the family learned he had been taken to Resurrection Medical Center, but he was gone by the time they arrived, Amin said.

William McLean, the family's attorney, said it's still unclear why the appeals court ruled the way it did. There is no written opinion. "If the Board of Immigration Appeals doesn't reopen his underlying removal proceeding, I'm not sure what else we can do," he said.

Contributing: Jon Seidel