Sufiyan v. Bondi
Split Score
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Case Summary
Disposition
Remanded
The Second Circuit reviewed the BIA’s denial of Sri Lankan petitioner Sufiyan’s applications for asylum, withholding of removal, and CAT relief. It held that while the agency properly denied CAT protection, it erred by refusing to decide whether Sufiyan would be eligible for asylum or statutory withholding absent the INA material-support bar; the court therefore granted the petition in part and remanded for that determination, while denying relief on the CAT claims.
Circuit Split Identified
Legal Issue
Whether the Board of Immigration Appeals must decide if a non-citizen is otherwise eligible for asylum or statutory withholding of removal before applying the INA ‘material-support’ terrorism bar, so that the applicant may pursue a discretionary waiver from the Department of Homeland Security.
Circuit Positions
BIA must make a ‘but-for’ asylum/withholding eligibility finding before applying the material-support bar so the applicant can seek a DHS waiver.
BIA is not required to decide underlying eligibility and may deny relief solely on the material-support bar without such a finding.
Conflict Summary
The Second Circuit holds that the BIA must first determine an applicant’s ‘but-for’ eligibility for asylum/withholding before invoking the material-support bar, because that finding is a prerequisite to seeking a DHS waiver; the Seventh Circuit (FH-T v. Holder, 723 F.3d 833 (7th Cir. 2013)) holds the BIA has no such obligation and may deny relief solely on the material-support ground without addressing underlying eligibility.