Mouloud Bellout v. John Ashcroft, Attorney General

Mouloud Bellout, a native and citizen of Algeria, petitions for review of the BIA’s summary affirmance of the IJ’s denial of Bellout’s application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The IJ found Bellout statutorily ineligible for relief from deportation because he engaged in terrorist activity when he joined “Armed Islamic Group (GIA),” a State Department-recognized terrorist organization, in 1995 and lived in GIA camps in Algeria for three years. Bellout has been removed to Algeria.

We hold as follows: First, because the IJ found that there are reasonable grounds to believe that Bellout engaged in or is likely to engage in terrorist activity under 8 U.S.C. § 1158 (b)(2)(A)(v), we lack jurisdiction to review the IJ’s determination that Bellout is ineligible for asylum by virtue of 8 U.S.C. § 1158 (b)(2)(D). Second, substantial evidence supports the IJ’s conclusion that Bellout is ineligible for withholding of removal. Finally, substantial evidence supports the IJ’s denial of deferral of removal under CAT.

I. FACTS

Bellout attempted to enter the United States at Los Angeles International Airport on January 6,1999, using…