Those of us who believe in evolution and that humans originated in Africa can truthfully check off "African American." It might be true that my ancestors were waylaid in Europe for a few tens of thosands of years in Europe, but they originated from Africa all the same.
Oh jeez. The Ninth Circus has enough problems reading the law. Don't go throwing another another complication to the demwitted judiciary.
Assuming you're not black, I would bet on them saying that since the "international" continent of Africa doesn't
consider "white", native born people of European stock "African", you are SOL.