In a petition for review of the BIA's decision denying petitioner's application for asylum and withholding of removal, the petition is denied where the Immigration Judge properly applied the terrorism bar in the Immigration and Nationality Act (INA) because the definition of "terrorist activity" under the INA does not provide an exception for armed resistance against military targets that is permitted under the international law of armed conflict.
Argued and Submitted February 11, 2009
Filed September 9, 2009
Opinion by Judge W. Fletcher
Concurrence by Judge Nelson
Jeffrey Lawrence Menkin, U.S. Department of Justice, Washington, DC