CA3 on Terrorism Bar: Uddin v. Atty. Gen.

Uddin v. Atty. Gen., Sept. 6, 2017 - "The Board of Immigration Appeals (“Board”) found that Joshim Uddin, a citizen and native of Bangladesh, was ineligible for withholding of removal because he was a member of the Bangladesh National Party (“BNP”), a major political party in his homeland. According to the Board, the BNP qualified as a Tier III terrorist organization under the Immigration and Naturalization Act (“INA”), 8 U.S.C. § 1182(a)(3)(B)(vi)(III). Thus, Uddin’s membership in the BNP rendered him ineligible for relief.

While we will deny the petition for review challenging the Board’s ruling dismissing Uddin’s Convention Against Torture (“CAT”) claim, we will grant the petition in part and remand on his withholding of removal claim. The Board has pointed to terrorist acts by BNP members. But it did not find that BNP leadership authorized any of the terrorist activity committed by party members. Today, we join the reasoning of the Seventh Circuit and the Board in many of its own opinions by holding as follows: unless the agency finds that party leaders authorized terrorist activity committed by its members, an entity such as the BNP cannot be deemed a Tier III terrorist organization."

[Hats off to Visuvanathan Rudrakumaran!]