Mirza v. Garland
996 F.3d 747
5th Cir.2021Background
- Hassan Mirza, a Mohajir from Karachi, was granted asylum in 1997 based on political persecution tied to his membership in the Mohajir Quami Movement (MQM).
- In May 2018 Mirza told his brother he was "on Allah's path" and would "kill at least 30 to 50 kuffars," a threat he later admitted to FBI agents; police and hospital notes also recorded signs of schizophrenia.
- USCIS issued a Notice of Intent to Terminate Mirza’s asylum based on the terroristic threat and prior MQM involvement; DHS initiated asylum-revocation proceedings.
- The IJ, relying on Matter of A-H-, terminated Mirza’s asylum under 8 U.S.C. § 1158(b)(2)(A)(iv) (danger to U.S. security), which made him removable; Mirza conceded removability.
- Mirza sought adjustment of status and withholding of removal, but the IJ found MQM to be a Tier III terrorist organization and that Mirza had been an active MQM member since 1987, making him inadmissible under the terrorism bar; the BIA affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper interpretation of 8 U.S.C. § 1158(b)(2)(A)(iv) and deference | Mirza: Matter of A‑H‑ overbroad; the statute requires more than a speculative risk; Chevron may not apply | Government: AG’s reading equates "reasonable grounds" to probable cause and "danger" to any non-trivial risk; Matter of A‑H‑ is correct | Court: Chevron unnecessary; AG’s interpretation is the only reasonable reading—"reasonable grounds" ≈ probable cause; speculative risk insufficient but non-theoretical (non-trivial) risk suffices |
| Whether evidence supported termination of asylum (probable cause) | Mirza: Brother’s anonymous tip and his mental illness make the allegation insufficient for probable cause | Government: Threat plus Mirza’s later admission and corroborating facts provided reasonable grounds | Court: Substantial evidence supports probable cause; asylum termination upheld |
| Effect of mental illness and lack of sophistication on threat assessment | Mirza: Schizophrenia and lack of sophistication mean the threat was not an actual danger | Government: No different legal standard for mentally ill; no evidence negating the threat’s significance | Court: No basis to overturn factfinders; mental illness without supporting evidence does not defeat the finding of danger |
| MQM membership, exhaustion, and terrorism-bar ineligibility | Mirza: He is not an MQM member; and procedural exhaustion/ jurisdiction issues | Government: BIA addressed membership on the merits; record (1993 asylum app, later filings, statements) shows membership/support | Court: Jurisdiction exists because BIA considered the issue; substantial evidence supports MQM membership and terrorism bar applies |
Key Cases Cited
- Chevron U.S.A., Inc. v. Nat. Res. Def. Council, 467 U.S. 837 (1984) (framework for judicial deference to reasonable agency interpretations)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable-cause totality-of-the-circumstances standard)
- United States v. Sokolow, 490 U.S. 1 (1989) (probable cause requires more than an inchoate suspicion)
- Draper v. United States, 358 U.S. 307 (1959) (equates “reasonable grounds” with probable cause)
- Yusupov v. Attorney Gen., 518 F.3d 185 (3d Cir. 2008) (rejected reading that would allow mere speculative risks to terminate asylum)
- Malkandi v. Holder, 576 F.3d 906 (9th Cir. 2009) (agreed speculative risk is insufficient under § 1158(b)(2)(A)(iv))
- Qorane v. Barr, 919 F.3d 904 (5th Cir. 2019) (standards for substantial-evidence review of BIA factfindings)
- Lopez-Dubon v. Holder, 609 F.3d 642 (5th Cir. 2010) (BIA’s consideration of an issue can satisfy administrative exhaustion)