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The United States Law Week

Asylum Termination Not Immediately Reviewable

Dec. 6, 2011, 5:00 AM

A U.S. Citizenship and Immigration Services decision terminating asylum is not “final agency action” reviewable under the Administrative Procedure Act, the U.S. Court of Appeals for the Fifth Circuit held Nov. 28. CIS terminated a Pakistani family’s asylum based on the father’s participation in the Jammu Kashmir Liberation Front, which it found constituted “persecution of another person on account of that person’s nationality,” triggering the “persecutor bar” to asylum eligibility under 8 U.S.C. § 1158(b)(2)(A)(i). When placed in removal proceedings, the family sued CIS, alleging constitutional, statutory, and regulatory violations. The district court dismissed the suit for lack...

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