Mirza v. Garland, No. 20-60132 (5th Cir. 2021)
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The Fifth Circuit denied a petition for review challenging petitioner's order of removal after he threatened to commit a religiously motivated act of terrorism. Petitioner, who suffers from schizophrenia, was reported by his brother after petitioner made threats of killing kuffars (non-believers).
The court concluded that the Attorney General interpreted 8 U.S.C. 1158(b)(2)(A)(iv) correctly as a matter of law. The Attorney General first determined that the plain meaning of "reasonable grounds" comports with the well-established standard for "probable cause." The Attorney General then determined that "a danger to the security of the United States" means "[a]ny level of danger to national security . . . ; it need not be a 'serious,' 'significant,' or 'grave' danger." Therefore, petitioner is ineligible for asylum under section 1158(b)(2)(A)(iv). The court also held that the BIA's determination that petitioner was a threat to national security was supported by substantial evidence as a matter of fact.
The court issued a subsequent related opinion or order on June 24, 2021.
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