Hosseini v. Nielsen, No. 17-6453 (6th Cir. 2018)Annotate this Case
Hosseini fled Iran and obtained asylum in the U.S. in 1999. He later unsuccessfully applied to adjust his legal status to become a lawful permanent resident. The government concluded that Hosseini provided material support to Iranian terrorist organizations, rendering him inadmissible under 8 U.S.C. 1182(a)(3)(B)(iv)(VI)(dd), by copying and distribution of flyers from organizations, including Mujahadin-e Khalq (MeK) and Fadain-e Khalq (FeK). Hosseini insists that the flyers alerted Iranians to the new regime’s human rights abuses, including its crackdown on women, students, workers, and civil dissidents. The Sixth Circuit affirmed that determination. Hosseini did not demonstrate by clear and convincing evidence that he “did not know, and should not reasonably have known, that the organization was a terrorist organization.” The government described a 1981 terrorist attack, during which MeK detonated bombs in the Islamic Republic party’s head office that killed “some seventy high-ranking Iranian officials. Given Hosseini’s acknowledgment that he “eagerly sought out information about various political viewpoints” after the 1979 revolution, it seems implausible that he was unaware of this attack and the organization that perpetrated it. While Hosseini left MeK voluntarily and did not engage in violent terrorism, Hosseini was not a minor during his six-year involvement with the groups; he admitted hearing rumors that MeK was engaged in terrorist activity. His support was relevant in introducing Iranians to the organizations and significant: the nonviolent flyers gave legitimacy to MeK and FeK although they were engaged in terrorism.