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Immigration – asylum — terrorist organizations

United States Court of Appeals For the Seventh Circuit

Civil

Immigration – asylum — terrorist organizations

A finding that an asylum applicant is ineligible for withholding of removal because he provided material support to a terrorist argument is not reviewable.

“Congress has enacted legislation addressing this sort of problem in other contexts. For example, in the context of 8 U.S.C. § 1255a(f)(4), which authorizes judicial review of legalization denials (but likewise only in the context of a petition for review from a final removal order), Congress automatically stayed removal for individuals presenting prima facie legalization claims. 8 U.S.C. § 1255a(e)(2); see also 8 U.S.C. § 1160(d)(2) (same, for applicants under farm worker program). Legalization decisions, like material support bar waiver decisions, are made by DHS and are not reviewable by the Board of Immigration Appeals. 8 U.S.C. § 1255a(f)(3)(A); Matter of Singh, 21 I&N Dec. 427 (BIA 1996).”

Petition Denied.

12-2471 FH-T v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Flaum, J.


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