Gholamreza Bojnoordi v. Eric Holder, Jr.

Petitioner Gholamreza Bojnoordi challenges a Board of Immigration Appeals (“BIA”) determination that he provided material support in the 1970s to a “Tier III” terrorist organization, Mojahedin-e Khalq (“MEK”), making him statutorily ineligible for immigration relief other than deferral of removal under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 (a), and we deny the petition for review for the reasons stated below.

We review “constitutional and other questions of law de novo.” Khan v. Holder, 584 F.3d 773, 776 (9th Cir.2009). We review factual findings and mixed questions of law and fact for substantial evidence. Id.

Bojnoordi, a native and citizen of Iran, contends that the statutory terrorism bar does not apply retroactively to his activities with MEK in the 1970s because MEK was not then officially designated as a terrorist group. But the plain language of the INA contradicts Bojnoordi’s statutory argument. See 8 U.S.C. § 1182 (a)(3)(B); Uniting and Strengthening America By Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act of 2001, Pub.L. No. 107-56, § 411 (c), 155 Stat. 272 (2001).…