CA1 Finds Indonesian Petitioner Who Once Provided Material Support to Foreign Terrorist Organization Ineligible for Asylum

The court first found that the BIA and IJ did not violate the Indonesian petitioner’s due process rights by finding that he was ineligible for asylum because he had once provided material support to a designated foreign terrorist organization called Jemaah Islamiya, concluding that the petitioner had ample opportunity to examine and object to the evidence against him and to present evidence on his own behalf during his hearings before the IJ. The court then concluded that the agency had not failed to effectively terminate the petitioner’s derivative asylee status, finding no error in the its treatment of the petitioner’s derivative claim as nonfinal despite the finality of his wife’s principal claim. (Jani v. Garland, 7/29/24)