Adriano de Almeida Viegas v. Eric Holder, Jr.
2012 U.S. App. LEXIS 23728
| 4th Cir. | 2012Background
- Viegas, a native and citizen of Angola, entered the U.S. in Feb 2005 with a fraudulent French passport and applied for asylum.
- He testified he was born in Cabinda, an Angolan exclave, and became a card-carrying member of FLEC (Cabindan independence) in 1999.
- From 1999–2003, he paid a monthly FLEC membership fee of 50 kwanzas to contact Bonga Bonga who supplied posters and fliers.
- In 2003, he participated in a peaceful protest against the Angolan government, was arrested and later released in Dec 2004, then left Angola for the U.S. in 2004.
- DHS argued for ineligibility under the INA’s terrorism bars for membership and material support to a terrorist organization; the Immigration Judge granted CAT deferral and the BIA affirmed denial of asylum and withholding of removal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FLEC qualifies as a terrorist organization. | Viegas contends FLEC is a peaceful, independent faction. | DHS shows FLEC engages in violent activity and qualifies as a terrorist organization. | FLEC qualifies as a terrorist organization; Viegas’s membership evidence suffices. |
| Whether Viegas knew or should have known his faction was terrorist. | Viegas lacked information and believed his faction may be peaceful. | Record shows reasonable knowledge of FLEC's violent activities. | Substantial evidence supports that Viegas reasonably should have known. |
| Whether Viegas’s dues and posters constitute material support. | Dues and posters are de minimis and not material. | Dues were substantial and poster activity aided the group. | Viegas’s conduct constitutes material support. |
| Whether membership bar applies if Viegas is no longer a member. | Membership bar applies only to current members. | Evidence showed ongoing membership; bar applicable. | Even if current membership is not proven, material support bar independently applicable. |
Key Cases Cited
- Cervantes v. Holder, 597 F.3d 229 (4th Cir. 2010) (review of BIA findings with deference to BIA under substantial evidence framework)
- Hui Zheng v. Holder, 562 F.3d 647 (4th Cir. 2009) (REAL ID Act standard; deference to INA interpretations and de novo review of legal questions)
- Djadjou v. Holder, 662 F.3d 265 (4th Cir. 2011) (legal standard for reviewing asylum denials and related terrorism determinations)