Hernandez v. Sessions, No. 16-2323 (2d Cir. 2018)Annotate this Case
The Second Circuit denied petitions for review of a precedential decision of the BIA finding petitioner ineligible for asylum under the Immigration and Nationality Act based on the ground that she provided "material support" to a terrorist organization, notwithstanding that she acted under duress. The court held that Chevron deference was warranted in this case and joined several other circuits in holding that the material support bar does not except aliens who acted under duress. The court rejected petitioner's claim that aliens who are rendered ineligible for relief from removal by the material support bar have a due process right to some means of obtaining an exemption based on duress, other than the currently‐available procedure for obtaining a discretionary waiver from the Department of State or the Department of Homeland Security.