Under the Immigration and Nationality Act (INA), any group of two or more individuals who engage in a so-called “terrorist activity” may be designated a Tier III terrorist organization. Noncitizens who knowingly provide material support to or are members of a Tier III terrorist organization are inadmissible, deportable, ineligible for asylum or withholding of removal, and subject to mandatory detention.

This practice advisory provides information on how to challenge Tier III terrorism designations in removal proceedings. The advisory's appendix contains sixteen unpublished Board of Immigration Appeals (BIA) decisions on Tier III determinations that may be useful to respondents.