Safe Havens



 
 

§ 7.219 R. Terrorist Conduct

 
Skip to § 7.

For more text, click "Next Page>"

Updates

 

Third Circuit

JUDICIAL REVIEW - JURISDICTION LIMITATION - TERRORIST GROUNDS NOT LISTED AS BAR
McAllister v. United States Atty Gen., 444 F.3d 178 (3d Cir. Apr. 10, 2006) (INA 237(a)(4)(B) ground of removal based upon terrorism is not listed in INA 242(a)(2)(C), and therefore does not bar court from judicial review).
http://caselaw.lp.findlaw.com/data2/circs/3rd/034513p.pdf

Fifth Circuit

INADMISSIBILITY - TERRORISM
The REAL ID Act expands the terrorism ground of inadmissibility. INA 212(a)(3)(B), as amended by the Real ID Act of 2005, Pub. L. No. 109-13, 119 Stat. 231 (May 11, 2005). There are very serious constitutional problems with the expanded terrorism ground of inadmissibility, since the law removes any link between what the applicant for admission did and any actual terrorist activity. It also expands the ground of inadmissibility to cover anyone who endorses or espouses terrorist activity, or who persuades others to do so, or supports terrorist organization, even if the activity does not actually contribute to any actual terrorist activity. These amendments apply retroactively, encompassing even acts occurring before an organization was designated as a terrorist organization.

Ninth Circuit

RELIEF - 212(C) WAIVER - TERRORIST ACTIVITY - CONDUCT BASED
Kelava v. Gonzales, ___ F.3d ___ (9th Cir. Jan. 12, 2006) (repeal of 212(c) relief not retroactively applied to noncitizen deportable under INA 237(a)(4)(B), 8 U.S.C. 1227(a)(4)(B) [terrorist activity], even though conviction pre-dated repeal, since the terrorist ground of deportation is conduct based and therefore there can be no settled expectations upset by entering a plea).
http://caselaw.lp.findlaw.com/data2/circs/9th/0373689oap.pdf
TERRORISM - PROHIBITION ON FINANCIAL SUPPORT
United States v. Afshari, 426 F.3d 1150 (9th Cir. Oct. 20, 2005) (8 U.S.C. 1189, statute prohibiting financial support to organizations designated as "terrorist" is constitutional, despite fact that defendants are precluded from collaterally attacking the designation).

Other

DEPORTATION - TERRORISM
The Real ID Act of 2005, Pub. L. No. 109-13, 119 Stat. 231 (May 11, 2005), provides that the terrorism ground of inadmissibility under INA 212(a)(3)(B), now also constitutes a ground of deportation as well, a very significant change in the law. There are very serious constitutional problems with the expanded terrorism ground of inadmissibility, since the law removes any link between what the applicant for admission did and any actual terrorist activity. It also expands the ground of inadmissibility to cover anyone who endorses or espouses terrorist activity, or who persuades others to do so, or supports terrorist organization, even if the activity does not actually contribute to any actual terrorist activity. These amendments apply retroactively, encompassing even acts occurring before an organization was designated as a terrorist organization.

 

TRANSLATE