Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Janjua v. Neufeld

United States Court of Appeals, Ninth Circuit

August 9, 2019

Khalil Janjua, Plaintiff-Appellant,
v.
Donald Neufeld, Associate Director, USCIS Nebraska Service Center; Kenneth T. Cuccinelli, Acting Director, USCIS; United States Citizenship and Immigration Service; Kevin K. McAleenan, Acting Secretary, U.S. Department of Homeland Security; U.S. Department of Homeland Security; William P. Barr, U.S. Attorney General, Defendants-Appellees.

          Argued and Submitted March 14, 2019 San Francisco, California

          Appeal from the United States District Court for the Northern District of California Edward M. Chen, District Judge, Presiding D.C. No. 15-05475 EMC

          Morgan Russell (argued), San Francisco, California; Robert B. Jobe, and Anna Benvenue, Law Office of Robert B. Jobe, San Francisco, California, for Plaintiff-Appellant.

          Kathrine J. Shinners (argued) and Brian C. Ward, Senior Litigation Counsel; Gisela A. Westwater, Assistant Director; William C. Peachey, Director; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

          Before: J. Clifford Wallace, A. Wallace Tashima, and M. Margaret McKeown, Circuit Judges.

         SUMMARY [*]

         Immigration

         Affirming the district court's grant of summary judgment in favor of United States Citizenship and Immigration Service ("USCIS") and related defendants, the panel held that (1) for purposes of issue preclusion, an issue was "actually litigated" only if it was raised, contested, and submitted for determination in a prior adjudication, and (2) the issue of whether Khalil Janjua was inadmissible on terrorism-related grounds was not actually litigated in his asylum proceedings and, therefore, issue preclusion did not apply to his adjustment of status proceedings.

         Janjua, a native and citizen of Pakistan, was granted asylum and then applied for adjustment of status. USCIS denied his application on the ground that he was inadmissible for having supported a Tier III terrorist organization in connection with his involvement with the Muhajir Qaumi Movement in Pakistan.

         Janjua sought review of USCIS's decision in the district court. Because the same terrorism-related grounds for inadmissibility that bar asylum also bar adjustment of status, Janjua argued that issue preclusion prevented the government from raising terrorism-related inadmissibility in the adjustment of status proceedings because the immigration judge had necessarily concluded that Janjua was not inadmissible on these grounds when he granted Janjua asylum. The district court concluded that issue preclusion did not apply and granted the government's motion for summary judgment.

         Issue preclusion, also known as collateral estoppel, bars the relitigation of an issue where four conditions are met: (1) the issue at stake was identical in both proceedings; (2) the issue was actually litigated and decided in the prior proceedings; (3) there was a full and fair opportunity to litigate the issue; and (4) the issue was necessary to decide the merits. Here, the central question was whether Janjua's inadmissibility for supporting a Tier III terrorist organization was "actually litigated" in his asylum proceeding.

         Assuming without deciding that issue preclusion applies in immigration adjustment of status proceedings, the panel held, consistent with the Restatement (Second) of Judgments and this court's sister circuits, that an issue is "actually litigated" when an issue is raised, contested, and submitted for determination. The panel rejected Janjua's argument that an issue should be considered actually litigated if it was implicitly raised or if the parties had a full and fair opportunity to raise it, explaining that such a standard would conflate the separate requirements that an issue be actually decided in the prior proceedings and necessary to decide the merits.

         Because the issue of whether Janjua was inadmissible on terrorism-related grounds was not raised, contested, and submitted for determination at his asylum proceeding, the panel concluded that the issue was not actually litigated and, thus, issue preclusion did not apply.

          OPINION

          TASHIMA, CIRCUIT JUDGE

         In this case we address, as a matter of first impression in our Circuit, the standard for determining whether an issue was "actually litigated" in a previous adjudication for purposes of issue preclusion, also known as collateral estoppel. We hold that an issue was actually litigated only if it ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.