911 F.3d 366
6th Cir.2018Background
- Mehrdad Hosseini fled Iran, obtained asylum (1999) as derivative of his wife, and later applied in 2001 to adjust to lawful permanent resident status (Form I-485).
- USCIS discovered inconsistencies between his I-485 and his wife’s asylum affidavit: he had copied and distributed political flyers for MeK (Mujahadin-e Khalq) and FeK (Fadaian/Fedaian) in Iran circa 1979–mid‑1980s.
- In 2014 USCIS issued a final denial, finding Hosseini inadmissible under 8 U.S.C. § 1182(a)(3)(B)(iv)(VI)(dd) for providing material support to Tier‑III terrorist organizations by copying and distributing their literature.
- Hosseini challenged the denial as arbitrary and capricious under the APA; the district court upheld USCIS and this appeal followed. The Sixth Circuit affirmed.
- The court’s review was confined to the non‑discretionary admissibility determination (material support / knowledge), not the agency’s discretionary denial of adjustment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether USCIS arbitrarily labeled MeK and FeK as terrorist organizations (Tier III) | Hosseini: MeK/FeK transformed and weren’t terrorist during his involvement; record doesn’t show post‑1981 terrorism | USCIS: historical sources show violent acts including 1981 attacks; FeK engaged in guerilla violence; affiliation likely occurred 1979–1984 | Court: Not arbitrary; record and admissions support Tier‑III designation for period at issue |
| Whether Hosseini proved by clear and convincing evidence he did not know organizations engaged in terrorism | Hosseini: he only distributed literature to inform public, denied knowledge of deadly attacks; heard only rumors | USCIS: major public attacks (e.g., 1981 bombing) were widely known; his age and admitted six‑year activity make ignorance implausible | Court: Evidence insufficient to meet high clear‑and‑convincing standard; USCIS decision reasonable |
| Whether copying/distributing flyers constitutes "material support" to terrorist organizations | Hosseini: leaflet distribution and use of copy/fax machines were non‑violent, independent political advocacy and not material | USCIS: even non‑violent, low‑level support can be material because it frees resources and lends legitimacy | Court: "Material" read as relevant and significant; flyer distribution is material support here and not arbitrary |
| Whether agency acted arbitrarily by granting asylum in 1999 but denying adjustment in 2014 | Hosseini: grant of asylum implies prior admissibility; inconsistent agency positions | USCIS: decisions relied on different facts (wife’s file unavailable in 1999) and law changed (PATRIOT Act additions post‑2001) | Court: Not arbitrary; agency provided reasonable explanations for different outcomes |
Key Cases Cited
- Daneshvar v. Ashcroft, 355 F.3d 615 (6th Cir.) (factors for assessing knowledge of terrorist activity)
- Holder v. Humanitarian Law Project, 561 U.S. 1 (Sup. Ct.) (material support can include benign aid that frees resources or lends legitimacy)
- Permanent Mission of India to the United Nations v. City of New York, 551 U.S. 193 (Sup. Ct.) (start with statutory text in interpretation)
- Motor Vehicle Mfrs. Ass'n v. State Farm, 463 U.S. 29 (Sup. Ct.) (arbitrary and capricious standard for agency action)
- City of Cleveland v. Ohio, 508 F.3d 827 (6th Cir.) (standard for reviewing agency action legality)
- Bojnoordi v. Holder, 757 F.3d 1075 (9th Cir.) (upholding material support finding when non‑violent acts accompanied by violent support)
- Khan v. Holder, 766 F.3d 689 (7th Cir.) (affirming material support for leaflet distribution plus other office/support activities)
- Viegas v. Holder, 699 F.3d 798 (4th Cir.) (distribution of posters and dues found material support)
- Singh‑Kaur v. Ashcroft, 385 F.3d 293 (3d Cir.) (low‑level logistical support upheld as material)
- Barahona v. Holder, 691 F.3d 349 (4th Cir.) (occasional housing/food found material support)