Wednesday, January 18th, 2017

CA5 on Terrorist Activity Asylum/AOS Bar: Amrollah v. Napolitano

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"The government denied Amrollah’s application for permanent resident status after it concluded that Amrollah had engaged in terrorist activity under 8 U.S.C. § 1182(a)(3)(B)(iv)(VI)(dd) (2010) by providing material support to a Tier III terrorist organization or the member of such an organization.  Amrollah argues that the government was collaterally estopped from finding that he engaged in terrorist activity under this statute, because his grant of asylum necessarily included a determination that he did not provide material support to a terrorist organization or member of such organization.  We agree.  A final decision by an immigration judge has a preclusive effect on future litigation and agency decisions. ... Under a plain reading of the text of the statute and the facts of this case, the IJ’s 1999 finding that Amrollah did not provide material support to any “individual” or “organization” in conducting a terrorist activity