The petitioner had been granted asylum by an Immigration Judge, and subsequently applied for adjustment of status before U.S. Citizenship and Immigration Services. His adjustment application was denied on the ground that he had provided material support to a terrorist organization. The petitioner appealed that decision to federal court, arguing that the material support bar also applies to asylum cases, and as such, the grant of asylum meant that the Immigration Judge must have previously determined that he had not provided material support to a terrorist organization. The Ninth Circuit disagreed, finding that the question of whether the petitioner was inadmissible on terrorism-related grounds was never raised, contested, or submitted for determination at his asylum proceeding, and thus, the doctrine of issue preclusion did not apply. Notably, the Tier III terrorism ground did not exist at the time of the asylum hearing.

The full text of Janjua v. Neufeld can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/08/09/17-16558.pdf

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