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United States Ninth Circuit


Khan v. Holder, 07-72586

In a petition for review of the BIA's decision denying petitioner's application for asylum and withholding of removal, the petition is denied where the Immigration Judge properly applied the terrorism bar in the Immigration and Nationality Act (INA) because the definition of "terrorist activity" under the INA does not provide an exception for armed resistance against military targets that is permitted under the international law of armed conflict.

Appellate Information

  • Argued 02/11/2009
  • Decided 09/09/2009
  • Published 09/09/2009

Judges

  • Before DOROTHY W. NELSON, WILLIAM A. FLETCHER and RICHARD C. TALLMAN, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Robert Bradford Jobe, Law Offices of Robert B. Jobe, San Francisco, CA, for the petitioner.

  • For Appellees:
  • Jeffrey Lawrence Menkin, U.S. Department of Justice, Washington, DC, for the respondent.
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