Appeal Case # 2 – Mohammad Khalil (Immigration Appeal)

Mohammad Khalil was granted asylum in the United States over 20 years ago, has no criminal record, and fully disclosed to USCIS his role in fighting against the Soviet invasion of Afghanistan alongside U.S. forces in the 1980s.  When he later attempted to obtain permanent status, however, USCIS denied his request on the grounds that he received military training from a Tier III terrorist organization. But the group Mr. Khalil fought with was not considered a terrorist organization under any definition until years after he left. The U.S. government’s application of immigration law is wrong based on the plain meaning of the statute and the history of Mr. Khalil’s case.

CLCMA has been representing Mr. Khalil since 2018, when his case was in the California district court. The district court erred when it incorrectly interpreted the law regarding those seeking permanent residence after being granted asylum. CLCMA’s Civil and Immigration Department worked together on behalf of Mr. Khalil at the Ninth Circuit Court of Appeals, where the Court recognized that the government’s policy turned its back on our allies. Nevertheless, it affirmed the district court’s error.

In August 2021, CLCMA’s Immigration Department and Appellate Attorney collaborated to file a petition to the Supreme Court, requesting that it review Mr. Khalil’s case. The petition is pending. CLCMA anticipates that the Supreme Court will make a decision about whether to accept his case within the next six months.

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