Seton Hall International Human Rights/Rule of Law Project Wins Big in Third Circuit!

The U.S. Court of Appeals for the Third Circuit handed down an opinion earlier this week, written by Judge Dolores Sloviter and joined by Circuit Judges Greenway and Stapleton, on the national security bar to withholding of removal in Yusupov v. Holder (Download Samadov Third Circuit Opinion.06.16.11[1]). The case was litigated by Seton Hall International Human Rights/Rule of Law Project students under the supervision of Baher Azmy and Anji Malhotra (and supported by an amicus brief submitted by immigration law scholars).

The Third Circuit reversed the BIA’s finding, which was based in part on computer evidence of al Jazeera and other videos and a warrant from the Uzbek government, that two Uzbek nationals were not entitled to withholding under 8 U.S.C. § 1231(b)(3)(B)(iv), which bars relief if there “are reasonable grounds to believe that the alien is a danger to the security of the United States.” The Court found insufficient evidence to support the BIA’s determination because the government failed to articulate how the petitioners were a threat or provide evidence of petitioners’ actions, conduct or associations, and instead relied upon impermissible speculation and guilt by association evidence.

The Third Circuit states on page 4, note 2: 

“This court expresses its gratitude to Amici Curiae – Columbia Law School‘s Human Rights Institute; the Asian American Legal Defense and Education Fund et. al. (―AALDEF‖) and Immigration Law Scholars – for their submissions.”

KJ