The Eighth Circuit affirmed the agency’s denial of an asylee adjustment of status application, finding that the issue of whether the petitioner provided material support to terrorism was not actually litigated during his asylum proceeding in the Immigration Court. Thus, the government was not issue precluded from denying the adjustment on terrorism grounds.

The full text of Fofana v. Mayorkas can be found here:

https://ecf.ca8.uscourts.gov/opndir/21/07/201623P.pdf

Comment