A.A. v. Attorney General United States, No. 17-1176 (3d Cir. 2020)
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A.A., a Syrian citizen, fled involuntary military service in a government-controlled Militia (Jaysh al-Sha’bi), arrived in New York, surrendered to U.S. Customs and Border Protection, and applied for asylum, withholding of removal, and deferral of removal under the Convention Against Torture (CAT). An IJ granted A.A. deferral of removal under the CAT, finding that A.A. was likely to be tortured if he returned to Syria, but denied his applications for asylum and for withholding of removal, concluding that the Militia is a “Tier III” terrorist organization under 8 U.S.C. 1182(a)(3)(B)(vi)(III); any alien who provides “material support” to a Tier III organization is barred from receiving asylum and withholding of removal. The IJ concluded that A.A. provided material support because, during his service, A.A. trained to use an assault weapon, performed guard duty, and performed errands for his superiors. The BIA rejected A.A.’s argument that the Militia is beyond the scope of the Tier III provision.
The Third Circuit denied a petition for review. Although the definition of “organization” does not specifically refer to state actors, the Tier III provision encompasses state actors, including the Militia. There is no statutory exception for individuals, like A.A., who are forced to provide material support to terrorist organizations; while the administrative duress exemption might have afforded A.A. relief, it did not, and A.A. has no right to judicial review of that decision.
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