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Material Support Victory in MN: Fofana v. Mayorkas

March 01, 2024 (1 min read)

Fofana v. Mayorkas

"Nearly sixteen years after Plaintiff Abrahim Mohamed Fofana applied for adjustment of status, United States Citizenship and Immigration Services (“USCIS”) denied his petition. But even with that much time to review Fofana’s materials, USCIS reached an untenably flawed decision. It misinterpreted the Immigration and Nationality Act (“INA”). And it failed to consider critical aspects of the United Liberation Movement for Democracy’s (“ULIMO”) status as a Tier III terrorist organization and Fofana’s knowledge thereof. Because USCIS’s decision was arbitrary and capricious, the Court will grant summary judgment for Fofana and vacate and remand for further administrative proceedings. USCIS protests that the Court does not have subject matter jurisdiction to take such action. But because the Court reviews only USCIS’s non-discretionary predicate decisions, 8 U.S.C. § 1252(a)(2)(B)(ii) does not strip the Court’s jurisdiction."

[Hats way off to David Wilson and Cameron Giebink!]