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Asylee Adjustment APA Collateral Estoppel Victory in California: Islam v. DHS

October 01, 2015 (1 min read)

Anna Benvenue writes: "I just won summary judgment on a case in the Northern District of California in which my client's asylee adjustment application was denied by USCIS based on a finding that he was barred for terrorist inadmissibility.  This is the same case that Judge Seeborg ordered the USCIS to adjudicate after it was on a TRIG hold for 6 years.  After that order, the USCIS denied finding him inadmissible for material support to a terrorist organization using the same facts that formed the basis of his asylum application.  Under the APA, Judge Seeborg found that collateral estoppel barred this finding absent new evidence after the asylum application was granted, citing the Fifth Circuit case in Amrollah." - Islam v. DHS, Sept. 25, 2015.