An opinion released Monday by the United States Court of Appeals for the Sixth Circuit in Cincinnati clears a legal path for the possible deportation of Ibrahim Parlak.

Parlak is the Harbert restaurant owner accused of having terrorist ties in his past in and around his former homeland of Turkey. He is accused of not reporting his connection to a Kurdish group the U.S. now considers a terrorist organization when he originally applied for political asylum. He is also accused of not mentioning a conviction in Turkey when he applied for a green card and U.S. citizenship.

Parlak's case has gotten national attention. His story was featured on ABC's "Nightline" in 2004, and has been mentioned on countless other media sources over the last six years.

Parlak first came to the United States in 1991 after being granted asylum. His troubles began in 1998, when he applied for naturalization only to have his application denied because of alleged ties to terrorism in the mid to late 80’s.

Parlak has since taken on folk hero status near Harbert where many have stepped up to support him.

Parlak has been a popular restaurant owner in Berrien County. He opened Cafe Gulistan in Harbert in the mid-1990's. He has a strong support network that has backed his cause to remain in the United States. The group has held numerous potluck dinners and other fundraisers in his name.

Parlak's cause has also gotten support from high-profile lawmakers. Both Congressman Fred Upton (R-St. Joseph) and Senator Carl Levin (D-Michigan) have backed legislation to keep Parlak here in the United States.

“You know, when former President Bush stood in front of this country and said there are no victims of the Patriot Act, Ibrahim Parlak is the poster child of what is wrong with the Patriot Act, Ibrahim Parlak did nothing wrong,” said Linas Johansonas of Milda’s Corner Market.

The market was among the first businesses in the area to publicly support Parlak. At one time, large letters across the storefront proclaimed “Ibrahim for Citizen.”

People with green cards really have no constitutional rights anymore,” said Johansonas. “And just the way they treated this man who has done nothing wrong, the whole community has stood up and told the government you know we’re not afraid of him bombing us, I mean basically they’ve accused this guy of being a murderer and a terrorist, you know, and it’s wrong, it’s so un-American that this really upsets me.”

Ibrahim Parlak today spoke briefly with News Center 16 at his Harbert restaurant. Parlak said he respected the decision of the court, but had no further comment until he had a chance to study the opinion.

In the 32-page opinion, a three judge panel split two to one in deciding that Parlak could be deported.

The opinion included a scathing 14-page dissent in which Justice Boyce F. Martin, Jr. wrote, “I remain hopeful, nevertheless, that this case is but a sad remnant of an era of paranoid, overzealous, error-riddled and misguided anti-terrorism and immigration enforcement.”

“It (the decision) would be a lot worse if it would be three to nothing, or a weak dissent, it wouldn’t look good and we wouldn’t be happy with it,” said Martin Dzuris, spokesman for Ibrahim for Citizen. “The strong dissenting opinion definitely helps; you know, keeps us going and shows that our side has merit.”

Still, the ruling leaves Parlak hanging by a Congressional thread. Parlak can’t be deported as long as there’s a bill pending in Congress that would designate Parlak a lawful permanent resident of the U.S.

As long as it’s pending, it prevents deportation and the bill, any private bill is good for a session of Congress, that, for two years, so this bill is good until January of 2011, until the next Congress would come in,” said Dzuris.

The next Congress could extend the protection simply by filing the bill again.

Parlak plans to discuss his legal options further in the days to come.

To read the complete decision, click on the link below.