Sufiyan v. Bondi

Summary

The Second Circuit reviews Mohamed Irshan Mohamed Sufiyan’s challenge to the denial of asylum, statutory withholding of removal, and protection under the Convention Against Torture. The court holds that the Board of Immigration Appeals should have determined whether Sufiyan would otherwise qualify for asylum or statutory withholding absent the material support bar, so that he could pursue a discretionary waiver from the Department of Homeland Security. The court grants the petition in part and remands for that determination, while denying relief concerning CAT withholding and deferral because the record did not establish that torture was more likely than not upon return to Sri Lanka.

Holdings

1. The agency's denial of CAT protection was supported by substantial evidence because Sufiyan did not establish that it was more likely than not that he would be tortured in Sri Lanka.
2. When the material-support bar is the basis for denying asylum or statutory withholding and USCIS will not consider an exemption application absent a determination of otherwise-eligibility, the BIA must adjudicate whether the applicant would qualify for the relief but for the material-support bar.
3. The IJ and BIA were not required to determine whether Sufiyan provided material support to the LTTE under duress.

Questions Presented

1. Whether substantial evidence supported the denial of deferral of removal under the Convention Against Torture.
2. Whether the BIA was required to determine whether Sufiyan would otherwise be eligible for asylum and statutory withholding of removal if the material-support bar did not apply.
3. Whether the IJ or BIA was required to determine whether Sufiyan provided material support to the LTTE under duress.

Disposition

reversed_and_remanded