Bojnoordi v. Holder

The statutory terrorism bar at 8 U.S.C.§ 1182(a)(3)(B) applies retroactively to material support of a Tier III organization, even if the organization was not officially designated as a terrorist group at the time of the material support.

The Board of Immigration Appeals (“BIA”) determined that Gholamreza Bojnoordi, an Iranian native, provided material support of a “Tier III” terrorist organization in the 1970’s, making him statutorily ineligible for immigration relief other than deferral of removal under the Convention Against Torture (“CAT”). Bojnoordi appealed arguing that the terrorism bar does not apply retroactively with the terrorist organization, Mojahedin-e-Khalq (“MEK”) because MEK was not a designated terrorist group in the 1970’s. The Ninth Circuit denied the petition for review. The panel held that the statutory terrorism bar at 8 U.S.C. § 1182(a)(3)(B) applies retroactively to an alien’s material support of a “Tier III” terrorist organization even if the activities with the organization were previous to their official status as a terrorist group. The panel also held that the petitioner has not shown by clear and convincing evidence that he did not know, and should not reasonably have known that MEK was a terrorist organization during the time in which he gave material support. Bojnoordi is only eligible for deferral of removal under Convention Against Torture, which he has received, and ineligible for immigration relief other than that. REVIEW DENIED