Khan v. Holder, No. 07-72586

In a petition for review of the BIA's decision denying petitioner's application for asylum and withholding of removal, the petition is denied where the Immigration Judge properly applied the terrorism bar in the Immigration and Nationality Act (INA) because the definition of "terrorist activity" under the INA does not provide an exception for armed resistance against military targets that is permitted under the international law of armed conflict.

Read Khan v. Holder, No. 07-72586

Appellate Information

Argued and Submitted February 11, 2009

Filed September 9, 2009

Judges

Opinion by Judge W. Fletcher

Concurrence by Judge Nelson

Counsel

For Petitioner:

Robert Bradford Jobe, Law Offices of Robert B. Jobe, San Francisco, CA

For Respondent:

Jeffrey Lawrence Menkin, U.S. Department of Justice, Washington, DC