Matter of A-H-
United States Attorney General
23 I & N Dec. 774 (2005)
- Written by Katrina Sumner, JD
Facts
A-H- (plaintiff) was an Algerian national who sought asylum in the United States, citing a well-founded fear of persecution if he returned to Algeria. A-H- proclaimed he was a leader in exile and a spokesman for the Islamist Salvation Front of Algeria, also known as FIS. FIS was the main organization of Islamic opposition in Algeria. FIS seemed poised to win parliamentary elections in 1992; however, the Algerian government canceled the elections. FIS was associated with other armed Islamist groups that joined together under the name of GIA, which was designated a foreign terrorist organization by the secretary of state. These groups, which sought the overthrow of the Algerian government, committed acts of persecution and terrorism and assassinated journalists and intellectuals. Evidence indicated that FIS perpetrated the killing of civilians. Testimony on the record also indicated that FIS engaged in the assassinations of political leaders, journalists, doctors, and Western targets. There was also a report from Amnesty International that FIS had often asserted that it had influence over Algeria’s armed Islamist groups. There was also evidence of a possible correlation between statements A-H- made justifying the acts of terrorism committed by the armed groups and an increase in civilian killings. For example, 16 journalists were killed in a 10-month period, and 200 journalists fled the country after threats made by FIS were being carried out. A-H- testified that he later disassociated himself from GIA after it murdered two FIS leaders. A-H- resided in Virginia with his wife and children, who were in the United States lawfully. Three of A-H-’s children were American citizens. A-H- continued receiving finances from his political work from foreign sources, but he did not file tax returns. Further, his children received monetary assistance from Virginia’s programs for those in need. The Board of Immigration Appeals (BIA) granted A-H- asylum. The Immigration and Naturalization Service referred the case to the attorney general.
Rule of Law
Issue
Holding and Reasoning (Ashcroft, J.)
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