Gholamreza Bojnoordi v. Eric Holder, Jr.
2014 U.S. App. LEXIS 12745
| 9th Cir. | 2014Background
- Bojnordi challenges a BIA ruling that he provided material support to MEK in the 1970s, rendering him ineligible for immigration relief other than CAT deferral.
- MEK is categorized as a Tier III terrorist organization under 8 U.S.C. § 1182(a)(3)(B)(vi)(I)-(III).
- PATRIOT Act amendments to the INA are generally retroactive, with an exception for Tier I/II not applying to material support for Tier III.
- MEK was designated as a foreign terrorist organization in 1997 and was delisted in 2012; designation timing is relevant to retroactivity arguments.
- The BIA relied on IJ findings that Bojnoordi passed out flyers, wrote articles, and trained MEK members in gun use, supporting material assistance.
- Court holds Bojnoordi is barred from most relief but eligible for CAT deferral.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactivity of the terrorism bar | Bojnordi argues no retroactive effect for Tier III before designation. | INA and PATRIOT Act retroactivity apply to Tier III material support. | Terrorism bar retroactive for Tier III material support; Bojnoordi barred from relief except CAT deferral. |
| Tier III designation during the 1970s | MEK not designated Tier III in 1970s; bar should not apply. | INA defines terrorist organization broadly; designation timing not dispositive for retroactivity. | MEK was a Tier III organization in the 1970s; supports material support finding. |
| Sufficiency of evidence for material support | BIA did not provide examination/analysis of evidence. | Record shows flyer distribution, articles, and gun training aiding MEK's aims. | Substantial evidence supports material support in the 1970s. |
| Eligibility for CAT deferral | Desire to seek CAT deferral notwithstanding MEK status. | Statutory bar precludes asylum, withholding, and CAT protection, leaving CAT deferral only. | Bojnordi is eligible only for deferral of removal under CAT. |
Key Cases Cited
- Haile v. Holder, 658 F.3d 1122 (9th Cir. 2011) (aliens with terrorist activity barred from asylum/withholding but may receive CAT deferral)
- Annachamy v. Holder, 733 F.3d 254 (9th Cir. 2013) (broad interpretation of 'terrorist organization' and 'engaging in terrorist activity')
- Khan v. Holder, 584 F.3d 773 (9th Cir. 2009) (limits/clarifies retroactivity and failure to know pattern of terrorist activity)