Hosseini v. Johnson, No. 15-6082 (6th Cir. 2016)
Annotate this CaseIn 1999, Hosseini’s wife was granted asylum. Hosseini lawfully entered the U.S. as a derivative asylee in 2000. Hosseini sought to obtain permanent resident status, 8 U.S.C. 1159. No action was taken on Hosseini’s application for 12 years. In 2013, the district court ordered USCIS to adjudicate Hosseini’s application within 60 days. USCIS sent Hosseini a Notice of Intent to Deny his application based on it determination that he had engaged in terrorist activities as defined by 8 U.S.C. 1182(a)(3)(B)(iv)(VI)(dd). Hosseini denied ties to terrorism, but acknowledged affiliation with a political organization called Fedaeian from 1979-1982 in Iran and that he had distributed literature for Fadayeen Khalq (FeK) and Mujahedin-e Khalq (MeK) until 1985. USCIS denied his application, finding that Fek and MeK fell within the definition of undesignated terrorist organizations. Hosseini’s asylum status was not revoked; no removal proceedings were instituted. Hosseini challenged USCIS’s decision, stating that he could not be “inadmissible” because he was admitted as a derivative asylee. The court rejected the government’s jurisdictional arguments, but dismissed, holding that the denial was not a “final agency action” under the Administrative Procedure Act. The Sixth Circuit reversed, concluding that the denial was a final agency action, given that no removal action is pending.
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