Qureshi v. Holder

Ghazanfar Hussein Qureshi and Kauser Bibi Qureshi were originally granted asylum from Pakistan because of Ghazanfar Qureshi's support for the Jammu Kashmir Liberation Front. Later, the U.S. Citizenship and Immigration Services decided to terminate the Qureshis' asylum based on that same support, applying the "persecutor bar" to Qureshi. The Qureshis sued USCIS to challenge its application of the bar. The district court granted USCIS's motion to dismiss for lack of subject matter jurisdiction. Termination of asylum does not consummate agency action and thus is not final. The judgment of dismissal is affirmed. 5th U.S. Circuit Court of Appeals, No. 11-30047, 11-28-2011.

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Before SMITH, BARKSDALE, and BENAVIDES, Circuit Judges.

The Qureshis were originally granted asylum from Pakistan because of Mr. Qureshi’s support for the Jammu Kashmir Liberation Front. Later, the U.S. Citizenship and Immigration Services (“USCIS”) decided to terminate the Qureshis’ asylum based on that same support, applying the “persecutor bar” to Mr. Qureshi. When removal proceedings ensued, the Qureshis sued USCIS to challenge its application of the bar. The district court granted USCIS’s motion to dismiss for lack of subject matter jurisdiction on the ground that the termination was not a final agency action. Because we agree that termination of asylum does not consummate agency action and thus is not final, we affirm.

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