LAST month, Imam Mohammad Qatanani won his case and was allowed to become a permanent resident of the United States.

"I believe in this country and the justice system," he joyfully declared at the Peter F. Rodino Federal Building in Newark. "This country wants to keep good people."

The country might, but the Department of Homeland Security doesn't.

Federal officials filed a notice on Oct. 2 that they will appeal the decision by an immigration court judge to allow the Muslim religious leader and his family to legally reside in the United States.

Certainly, appealing to a higher court is a fundamental right of the American legal system. But in this instance, it's a rush to waste money.

Judge Alberto Riefkohl ruled in September that the government's case against Qatanani was weak on both evidence and credibility. Homeland Security officials did not prove the imam had ties to Hamas, the judge decided. Nor did the imam, spiritual leader of the Islamic Center of Passaic County, lie on his 1993 green card application when he did not disclose having been convicted by an Israeli Military Court of "assisting Hamas."

Riefkohl wrote in his decision that records from Israeli authorities used by Homeland Security in its case were "too unreliable to prove that Mr. Qatanani has engaged in terrorist activities." He added that the court "also finds DHS' other evidence is insufficient."

DHS doesn't, however.

Harold Ort of the U.S. Immigration and Customs Enforcement agency wrote in a statement about the appeal, "ICE believes that the immigration judge made mistakes of law, judgment and discretion."

So it may be back to court again, this time to the Board of Immigration Appeals, which will review the case.

Supporters of the imam raised $250,000 for his defense and for the grassroots campaign on his behalf. The imam's spokesman, Aref Assaf, says he expects they will need $50,000 to $75,000 more to pay for upcoming legal fees and ancillary expenses like public relations events and T-shirts.

ICE does not have the figures on the cost of the trial or anticipated costs for the appeal. But at this point, any more taxpayer dollars spent on ejecting Qatanani and his family from this country would be a waste, and not just financially. Civically, too.

Qatanani, 44, arrived in 1996 on a religious visa. He applied for permanent residency in 1999 but was denied, on grounds he had omitted from his application his arrest and conviction by Israeli officials. The imam responded that yes, he was detained for three months but was never told he was being prosecuted.

Qatanani was one of the first imams in the country to denounce the terrorist attacks of Sept. 11, 2001. He has sponsored and participates in interfaith events. He counts among his supporters Governor Corzine and Rep. Bill Pascrell Jr. And he is a big believer in participating in democracy.

Before he began this year's services celebrating the end of Ramadan, Qatanani urged his congregation to register to vote and to vote in political elections.

It is an obligation to get involved in the country's issues, he told them.

Next year Qatanani should be able to follow his own advice and cast a vote. Next year he should be allowed to become a U.S. citizen.