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Second Circuit — Asylum: Ay v. Holder

U.S. Court of Appeals for the Second Circuit


Material Support to Terrorist Group — Duress Exception

Ay v. Holder
Judges Wesley, Hall and Carney

Background: The petitioner sought review of a Board of Immigration Appeals decision finding him ineligible for asylum and withholding of removal based on its finding that he provided “material support” to a terrorist group. The petitioner argues that the material support bar created by the statute does not apply to individuals who provided such support under duress and that the support he provided was not material.

Ruling: The Second Circuit granted the petition in part to permit the BIA to make a precedential ruling on whether a duress exception to the material support bar is implicit in the statute.

W. John Vandenberg of Hogan & Vandeberg for the petitioner; Aaron R. Petty, United States attorney, for the defendant

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