USCA11 Case: 19-13287 Date Filed: 05/20/2021 Page: 1 of 29 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 19-13287 ________________________ D.C. Docket No. 1:17-cv-22237-JLK MAZHARUL ISLAM, Plaintiff-Appellant, versus SECRETARY, DEPARTMENT OF HOMELAND SECURITY, ACTING DIRECTOR, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, DEPUTY DIRECTOR MARK J. HAZUDA, in his capacity as USCIS Nebraska Service Center Director, DIRECTORY GREGORY A. RICHARDSON, in his capacity as USCIS Texas Service Center Director, DIRECTOR DONALD NEUFELD, in his capacity as USCIS Service Center Operations Associate Director, JENNIFER B HIGGINS, in her capacity as USCIS Refugee, Asylum, and International Operations Associate Director, Defendants-Appellees. USCA11 Case: 19-13287 Date Filed: 05/20/2021 Page: 2 of 29 ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (May 20, 2021) Before WILLIAM PRYOR, Chief Judge, and JORDAN and MARCUS, Circuit Judges. JORDAN, Circuit Judge: The so-called “terrorism bar” in the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(3)(B), identifies three categories, commonly referred to as “tiers,” of terrorist organizations. Tier I terrorist organizations are those designated by the Secretary of State in accordance with 8 U.S.C. § 1189. See § 1182(a)(3)(B)(vi)(I). Tier II terrorist organizations are those designated “by the Secretary of State in consultation with or upon the request of the Attorney General or the Secretary of Homeland Security.” § 1182(a)(3)(B)(vi)(II). Tier III terrorist organizations (the category at issue in this case) are undesignated. See § 1182(a)(3)(B)(vi)(III). Whether an entity qualifies as a Tier III terrorist organization is therefore determined on a case-by-case basis. See Uddin v. Att’y. Gen. U.S., 870 F.3d 282, 285 (3d Cir. 2017). Membership in, or the knowing provision of material support to, a Tier I, Tier II, or Tier III terrorist organization renders an alien inadmissible under the INA. See § 1182(a)(3)(B). And inadmissibility generally precludes an adjustment of status 2 USCA11 Case: 19-13287 Date Filed: 05/20/2021 Page: 3 of 29 (e.g., to lawful permanent resident). See 8 U.S.C. § 1159(b)(5); 8 C.F.R. § 209.2(a)(1)(v).1 After he left Bangladesh, Mazharul Islam obtained asylum in the United States. He later sought to adjust his status to lawful permanent resident. United States Citizenship and Immigration Services ruled, however, that he was ineligible for adjustment of status due to his membership in a Tier III terrorist organization— the Bangladesh Nationalist Party—and his personal engagement in terrorist activity. Mr. Islam unsuccessfully challenged USCIS’ decision in the district court. He now appeals the district court’s grant of summary judgment in favor of the government. Following a review of the record, and with the benefit of oral argument, we affirm. I We summarize the facts in the light most favorable to Mr. Islam. See Warshauer v. Solis, 577 F.3d 1330, 1335 (11th Cir. 2009). A The Bangladesh Nationalist Party, or BNP, is one of the two largest political parties in Bangladesh. The other is the Awami League, or AL. 1 Unless otherwise noted, statutory references are to Title 8 of the United States Code. 3 USCA11 Case: 19-13287 Date Filed: …
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