Category: duress defense for material support

Second Circuit Remands Asylum Case to the BIA to Issue Decision Regarding Duress

Last month, the Second Circuit Court of Appeals remanded an asylum case to the Board of Immigration Appeals for the latter to consider whether duress should be considered when it comes to the “material support” bar to admission. The “material support bar” bars any person who offered any material support to a terrorist group from being admitted to the United States. Ay is a Kurdish national and a citizen of Turkey. He was accused of providing support to individuals whom he thought were terrorists. He maintained however that he was under duress. The immigration judge ordered his removal after ruling that he was ineligible for asylum under the “material support bar“. The BIA affirmed but added that he could be eligible for a waiver from the Department of Homeland Security. The Second Circuit reasoned the statutory provision might include an exception for duress and the Board’s decision did not have the proper analysis. The Court remanded the case to the Board to issue a precedent decision dealing with the question. 
The main reason for the court’s decision was the fact that the statutory language is ambiguous. I look forward to the Board’s decision. 
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