710 F.3d 568
5th Cir.2013Background
- Amrollah, an Iranian national, fled to the U.S. in 1998 seeking asylum and later applied for lawful permanent residence.
- He previously supported the mujahedeen in Iran, was imprisoned for such support in 1982 and 1996, and later admitted to his past support in asylum proceedings.
- An Immigration Judge granted asylum in 1999, finding Amrollah generally credible and determining he did not commit violent acts; the government did not appeal.
- In 2010, USCIS denied Amrollah's adjustment application for permanent residence due to alleged terrorist activity and material support to a terrorist organization.
- Amrollah argued collateral estoppel precluded the new finding under a changed statutory definition of 'engaging in terrorist activity.'
- The Fifth Circuit held USCIS is collaterally estopped from denying the adjustment due to no significant change in law between 1999 and 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether collateral estoppel applies | Amrollah | USCIS | Yes; estoppel applies |
| Whether a change in the statutory definition defeats estoppel | Amrollah | USCIS | No significant change; estoppel remains |
Key Cases Cited
- Astoria Fed. Sav. & Loan Ass’n v. Solimino, 501 U.S. 104 (1991) (preclusive effect of final immigration decisions)
- Medina v. INS, 993 F.2d 499 (5th Cir. 1993) (collateral estoppel in immigration context)
- Pace v. Bogalusa City Sch. Bd., en banc, 403 F.3d 272 (5th Cir. 2005) (elements of issue preclusion; identicality and necessity)
- Buffalo Marine Servs. Inc. v. United States, 663 F.3d 750 (5th Cir. 2011) (APA review framework; substantial evidence standard)
- Bd. of Miss. Levee Comm’rs v. EPA, 674 F.3d 409 (5th Cir. 2012) (agency decision presumed valid; burden on challenger)
- Tex. Clinical Labs, Inc. v. Sebelius, 612 F.3d 771 (5th Cir. 2010) (APA arbitrary, capricious, substantial evidence standard)