Rayamajhi v. Whitaker

Petitioner, a citizen of Nepal, sought review of the BIA's denial of his application for asylum and withholding of removal under the material support terrorist bar. Petitioner fled Nepal because a terrorist organization was torturing and threatening him repeatedly. Shortly before leaving Nepal, he gave the equivalent of $50 US dollars to a member of the terrorist organization, because the terrorist demanded the money and petitioner was fearful of what might happen to him if he did not comply. The Ninth Circuit held that it lacked jurisdiction to consider petitioner's duress argument and dismissed the petition in part. The panel denied the petition in part and held that the INA's material support bar contained no implied exception for de minimis aid in the form of funds. Therefore, substantial evidence supported the IJ's finding that petitioner gave material support to a terrorist organization and he was therefore ineligible for asylum and withholding of removal. View "Rayamajhi v. Whitaker" on Justia Law