I. Whether an individual's non-violent,
independent political advocacy—that was not
affiliated with any foreign material support for
terrorism under the Immigration and
Nationality Act ("INA") when the advocacy
incidentally overlapped with a foreign terrorist
organization's peaceful advocacy on the same
issue.

a. Whether the Sixth Circuit's holding that
independent, nonviolent political
advocacy constituted material support of
terrorism as defined by the Immigration
and Nationality Act is consistent with
other circuit court opinions on the same
issue.

b. Whether the Sixth's Circuit's holding is
overbroad.

c. Whether the potential violations of the
constitution raised by the Sixth Circuit's
holding can be resolved though the
doctrine of constitutional avoidance.

II. Whether the approach adopted by the Sixth
Circuit for determining if an organization
constitutes an undesignated foreign terrorist
organization under the Immigration and
Nationality Act, which contrasts with the
approach utilized by other circuit courts, is
erroneous.

III. Whether the Administrative Procedures Act
allows United States Citizenship and
Immigration Services to cast aside a past
determination that a noncitizen is not subject to
any terrorist-related ground of inadmissibility
without new material evidence that might
change the outcome and without providing the
noncitizen an in-person hearing.

Whether independent, non-violent political advocacy constitutes material support for terrorism under the Immigration and Nationality Act