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ISLAM v. SECRETARY, DEPT. OF HOMELAND SECURITY

No. 19-13287.

997 F.3d 1333 (2021)

Mazharul ISLAM, Plaintiff-Appellant, v. SECRETARY, DEPARTMENT OF HOMELAND SECURITY, Acting Director, U.S. Citizenship and Immigration Services, Deputy Director Mark J. Hazuda, in his capacity as USCIS Nebraska Service Center Director, Directory Gregory A. Richardson, in his capacity as USCIS Texas Service Center Director, Director Donald Neufeld, in his capacity as USCIS Service Center Operations Associate Director, Jennifer B Higgins, in her capacity as USCIS Refugee, Asylum, and International Operations Associate Director, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 20, 2021.

Attorney(s) appearing for the Case

Jill E. Grucan , Grucan Immigration Law, North Miami, FL, for Plaintiff-Appellant.

Ruth Ann Mueller , U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Emily M. Smachetti , U.S. Attorney Service — Southern District of Florida, U.S. Attorney Service — SFL, MIAMI, FL, for Defendants-Appellees Secretary, Department of Homeland Security, Mark Hazuda, Gregory Richardson, Donald Neufeld, Jennifer B. Higgins.

Joseph Francis Carilli, Jr. , U.S. Department of Justice, Civil Division, Washington, DC, Ruth Ann Mueller , U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Emily M. Smachetti , U.S. Attorney Service — Southern District of Florida, U.S. Attorney Service — SFL, MIAMI, FL, for Defendant-Appellee Acting Director, U.S. Citizenship and Immigration Services.

Before WILLIAM PRYOR, Chief Judge, and JORDAN and MARCUS, Circuit Judges.

The so-called "terrorism bar" in the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(3)(B), identifies three categories, commonly referred to as "tiers," of terrorist organizations. Tier I terrorist organizations are those designated by the Secretary of State in accordance with 8 U.S.C. § 1189. See §...

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