New 9th Circuit and BIA Immigration Cases

**Terrorist Organization**

The BIA’s finding that the Oromo Liberation Front (“OLF”) is a terrorist organization under the INA is supported by substantial evidence. The record shows that the OLF acted unlawfully under Ethiopian law and used land mines to derail cargo and passenger trains, killing between five to fifteen people. This constitutes terrorist activity under the statute even though the acts may have been acts of self-defense against the Ethiopian government and the OLF did not target civilians. See Khan v. Holder, No. 07-72586 (9th Cir. Sept. 9, 2009), which holds that there is no exception in § 1182(a)(3)(B)(iii) for acts of armed resistance against governmental military targets even if such resistance is permitted under international law. The BIA’s determination that Abdu engaged in terrorist activity is also supported by substantial evidence because Abdu admitted to soliciting funds and members for the OLF which he knew was an armed organization fighting against the government.

http://www.ca9.uscourts.gov/datastore/memoranda/2009/09/11/06-71098.pdf