BNP not a terrorist party: US court

Homeland Security�s claim overruled

A court in the United States has recently rejected a claim made by the US Department of Homeland Security (DHS) that Bangladesh Nationalist Party (BNP) is an undesignated foreign terrorist organisation, according to the verdict obtained by The Independent.
The US Embassy in Dhaka also confirmed that BNP has not been designated as a foreign terrorist organisation.
During a case involving the application for asylum by a 25-year-old Bangladeshi citizen, the DHS alleged that BNP is a Tier III terrorist organisation and as the asylum seeker belongs to the BNP, he cannot get asylum in the United States.
But, the immigration court of Elizabeth, New Jersey, rejected the claim by the DHS and did not consider BNP as Tier III terrorist organisation, said the verdict signed by Immigration Judge Dorothy Harbeck on July 7, 2015.
The website of the law office that represented the Bangladeshi also stated that the court rejected the DHS claim that BNP is a terrorist organisation. According to the US Citizenship and Immigration Services (USCIS), organizations that are defined by law as “a group of two or more individuals, whether organized or not, which engages in, or has a subgroup which engages in,” terrorist activity fall within Tier III.
“Tier III organizations are also called “undesignated terrorist organizations” because they qualify as terrorist organizations based on their activities alone without undergoing a formal designation process like Tier I and Tier II organizations,” it says.
Instead, says USCIS, the determination of whether a group can be considered a Tier III organization is made on a case-by-case basis, in connection with the review of an application for an immigration benefit.  Tier III organizations arise and change over time.
When contacted, Nancy VanHorn, spokesperson of the US Embassy in Dhaka, told The Independent, “The BNP has not been designated as a foreign terrorist organisation; the list of designated foreign terrorist organisations is publicly available on the U.S. Department of State website.
“Tier III is an internal DHS mechanism and there is no list for Tier III organisations,” she said.    
“As you may know, under U.S. immigration law I am not able to comment on a specific immigration case or discuss the basis for an individual’s immigration status.  However, let me underscore again that the BNP is not on the list of designated foreign terrorist organisations,” she added.
  According to the verdict, the Bangladeshi entered the US on October 10, 2014 and the DHS issued him a notice to appear, placing him in removal proceedings.
On December 30, 2014, the Bangladeshi respondent submitted an application for Asylum and withholding of removal of the court. The Bangladesh national sought asylum on account of his political opinion, as a member of the BNP.  
Ashok Kumar Karmaker, a New York-based lawyer, represented the Bangladeshi asylum seeker while George Douveas argued for the DHS, which was created after the 9/11 attacks in 2001 with the primary responsibilities of protecting the territory of the United States and protectorates from and responding to terrorist attacks, man-made accidents, and natural disasters.
As per the verdict, DHS alleged that the BNP is a Tier III terrorist organization as per the relevant laws and by virtue of his membership in and support of the BNP, so the argument goes, Respondent has provided material support to a terrorist organization, and that as a result, he has "engaged in terrorist activity," which bars him from asylum.
Arguing that the BNP is a terrorist organisation, DHS presented two alternative theories: One, that the BNP is a terrorist organisation due to its current and past ties to terrorist organisations, and two, that the BNP is a terrorist organisation on its own merits due to its members having been involved in violence. “The Court carefully and thoroughly considered these arguments, the evidence in the record and relevant case law, and rejects both for the reasons that follow,” read the verdict. In favour of its decision, the Judge in her order mentioned issues like evidentiary standards and legal standard and stated that according to the evidence submitted by DHS does not indicate that BNP is a terrorist organisation.

BNP not a terrorist party: US court

Homeland Security�s claim overruled

A court in the United States has recently rejected a claim made by the US Department of Homeland Security (DHS) that Bangladesh Nationalist Party (BNP) is an undesignated foreign terrorist organisation, according to the verdict obtained by The Independent. The US Embassy in Dhaka also confirmed that BNP has not been designated as a foreign terrorist organisation. During a case involving the application for asylum by a 25-year-old Bangladeshi citizen, the DHS alleged that BNP is a Tier III terrorist organisation and as the asylum seeker belongs to the BNP, he cannot get asylum in the United States. But, the immigration court of Elizabeth, New Jersey, rejected the claim by the DHS and did not consider BNP as Tier III terrorist organisation, said the verdict signed by Immigration Judge Dorothy Harbeck on July 7, 2015. The website of the law office that represented the Bangladeshi also stated that the court rejected the DHS claim that BNP is a terrorist organisation. According to the US Citizenship and Immigration Services (USCIS), organizations that are defined by law as a group of two or more individuals, whether organized or not, which engages in, or has a subgroup which engages in, terrorist activity fall within Tier III. Tier III organizations are also called undesignated terrorist organizations because they qualify as terrorist organizations based on their activities alone without undergoing a formal designation process like Tier I and Tier II organizations, it says. Instead, says USCIS, the determination of whether a group can be considered a Tier III organization is made on a case-by-case basis, in connection with the review of an application for an immigration benefit. Tier III organizations arise and change over time. When contacted, Nancy VanHorn, spokesperson of the US Embassy in Dhaka, told The Independent, The BNP has not been designated as a foreign terrorist organisation; the list of designated foreign terrorist organisations is publicly available on the U.S. Department of State website. Tier III is an internal DHS mechanism and there is no list for Tier III organisations, she said. As you may know, under U.S. immigration law I am not able to comment on a specific immigration case or discuss the basis for an individuals immigration status. However, let me underscore again that the BNP is not on the list of designated foreign terrorist organisations, she added. According to the verdict, the Bangladeshi entered the US on October 10, 2014 and the DHS issued him a notice to appear, placing him in removal proceedings. On December 30, 2014, the Bangladeshi respondent submitted an application for Asylum and withholding of removal of the court. The Bangladesh national sought asylum on account of his political opinion, as a member of the BNP. Ashok Kumar Karmaker, a New York-based lawyer, represented the Bangladeshi asylum seeker while George Douveas argued for the DHS, which was created after the 9/11 attacks in 2001 with the primary responsibilities of protecting the territory of the United States and protectorates from and responding to terrorist attacks, man-made accidents, and natural disasters. As per the verdict, DHS alleged that the BNP is a Tier III terrorist organization as per the relevant laws and by virtue of his membership in and support of the BNP, so the argument goes, Respondent has provided material support to a terrorist organization, and that as a result, he has engaged in terrorist activity, which bars him from asylum. Arguing that the BNP is a terrorist organisation, DHS presented two alternative theories: One, that the BNP is a terrorist organisation due to its current and past ties to terrorist organisations, and two, that the BNP is a terrorist organisation on its own merits due to its members having been involved in violence. The Court carefully and thoroughly considered these arguments, the evidence in the record and relevant case law, and rejects both for the reasons that follow, read the verdict. In favour of its decision, the Judge in her order mentioned issues like evidentiary standards and legal standard and stated that according to the evidence submitted by DHS does not indicate that BNP is a terrorist organisation.