CLCMA Petitions Supreme Court After USCIS Denial of Lawful Permanent Status

This week, CLCMA filed a petition to the Supreme Court, requesting that it review our client’s case after USCIS again denied his application to become a lawful permanent resident. 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 in the 1980s. Even so, USCIS has repeatedly used the facts in his case as a reason for denying him the opportunity to move forward to a more permanent status while also acknowledging he was trained by and fought alongside the U.S. military.

“Our client was granted asylum after disclosing the same information being used against him by USCIS to prevent him from receiving his green card. The U.S. government’s application of the law is wrong based on the plain meaning of the immigration statute and the history of his case,” stated Kathryn H. Brady, Immigration Litigation Department Head for CLCMA. “Mr. Khalil and other brave men and women have helped us fight for freedom around the globe for decades. The United States is right now facing a new wave of potential immigrant allies from Afghanistan although USCIS’s discriminatory treatment of those who fought with us a generation ago is left unresolved.”

Contradicting other courts, the Ninth Circuit Court of Appeals failed to correct the lower court’s error in its interpretation of the law regarding those seeking permanent residence after being granted asylum. CLCMA looks forward to vigorously advocating for Mr. Khalil – who stood with the U.S. against despotism nearly four decades ago – to achieve the same immigration status as those newer allies from Afghanistan will be eligible for soon. We hope the Supreme Court will accept Mr. Khalil’s case and the United States will finally send a clear message that we do not turn our back on our war-time allies.