181135P.pdf   07/24/2019  Fallou Ndiaye  v.  William P.  Barr
   U.S. Court of Appeals Case No:  18-1135
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Melloy, Author, with Benton and Kelly, Circuit Judges] 
   Petition for Review - Immigration. If the evidence before the Immigration 
   Judge indicates that the alien may have materially supported a terrorist 
   organization, he must prove by a preponderance of the evidence that the 
   material aid bar does not apply; petitioner failed to show the bar did not 
   apply as his evidence did not show that the organization he supported was 
   not a Tier-III terrorist organization at the time he recruited members and 
   contributed cash; the BIA was correct in determining petitioner failed to 
   meet his burden of proving he did not know or should not have reason to 
   believe the group was a terrorist organization when he supported it; this 
   issue was not decided in petitioner's first immigration proceeding and the 
   doctrines of collateral estoppel and law-of-the-case did not apply.