Janjua v. Neufeld, No. 17-16558 (9th Cir. 2019)Annotate this Case
An issue was actually litigated only if it was raised, contested, and submitted for determination in the prior adjudication. The Ninth Circuit affirmed the district court's grant of summary judgment for USCIS and related defendants in an action brought by plaintiff alleging that issue preclusion barred the government from denying his adjustment of status application. In this case, shortly after petitioner was granted asylum, his application for adjustment of status was denied under 8 U.S.C. 1182(a)(3)(B)(i) for support of a Tier III terrorist organization.
The panel held that the issue of terrorism-related inadmissibility was not raised, contested, or submitted for determination at plaintiff's asylum proceeding, and thus it was not actually litigated. Therefore, issue preclusion did not bar the government from disputing the issue in plaintiff's adjustment of status.