Criminal Defense of Immigrants
§ 18.26 7. Terrorism and Security-Related Grounds
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There are a large number of grounds of inadmissibility related to national security, terrorist, and persecution of others. See Appendix E, infra.
INADMISSIBILITY - TERRORIST ORGANIZATIONS - MATERIAL SUPPORT
Matter of SK, 24 I. & N. Dec. 475 (BIA Mar. 11, 2008) (Attorney Generals remand in Matter of SK, 24 I. & N. Dec. 289 (A.G. 2007), does not affect the precedential nature of the conclusions of the Board of Immigration Appeals in Matter of SK, 23 I. & N. Dec. 936 (BIA 2006), regarding the applicability and interpretation of the material support provisions in INA 212(a)(3)(B)(iv)(VI)).
DEPORTATION - TERRORISM
Hussain v. Mukasey, 518 F.3d 534 (7th Cir. Mar. 6, 2008) (denying petition for review of removal order based having "engaged in a terrorist activity" by providing material support for terrorism, under INA 208(b)(2)(A)(v), 212(a)(3)(B)(i)(I), 8 U.S.C. 1158(b)(2)(A)(v), 1182(a)(3)(B)(i)(I), since inference that noncitizen's organization authorized its members to commit acts of armed violence was inescapable).
LEGISLATION - INADMISSIBILITY - TERRORISM - AMENDMENTS TO THE "TERRORISM BARS" AND RELATED WAIVERS
"On December 26, 2007, the Consolidated Appropriations Act of 2008, Pub. L. 110-161, ___ Stat. ___, was signed into law. Section 691 of Division J of this very large appropriations bill made amendments to the inadmissibility grounds of INA 212(a)(3)(B) related to "terrorism," and to the authority codified at INA 212(d)(3)(B)(i) that gives the Secretaries of State and Homeland Security (in consultation with the Attorney General) discretionary authority not to apply certain of these grounds in particular cases." Human Rights First, Jan. 29, 2008. http://www.humanrightsfirst.info/pdf/08130-asy-new-amendmensts-ina.pdf