Matter of A-C-M-

27 I. & N. Dec. 303 (B.I.A. 2018)

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Matter of A-C-M-

Board of Immigration Appeals
27 I. & N. Dec. 303 (B.I.A. 2018)

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  • Written by Eric Cervone, LLM
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Facts

A-C-M- (plaintiff) was a citizen of El Salvador who claimed she entered the United States without inspection in 1991. Before she came to the United States, A-C-M- was kidnapped by El Salvadorian guerillas and required to perform cooking and cleaning duties under threat of death. In 2016, an immigration judge found that A-C-M- was ineligible for asylum based on § 212 of the Immigration and Nationality Act’s (the act) bar against material support of terrorist organizations. A-C-M- appealed, arguing that any assistance she provided the guerillas in El Salvador was de minimis and not material. A-C-M- further asserted that even if the material-support bar was applicable to her, she was entitled to a duress exception. The appeal was heard by the Board of Immigration Appeals.

Rule of Law

Issue

Holding and Reasoning (Pauley, M.)

Concurrence/Dissent (Wendtland, M.)

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Casebooks

Immigration Law

International Law

Key Terms

  • DuressOccurs when a person is subjected to such pressure from a third party that the pressure overtakes the person’s free will and the person does something that he or she ordinarily would not.
  • Immigration and Nationality ActFirst enacted in 1952, this act codified the variety of statutes dealing with immigration and naturalization into Title 8 of the U.S. Code.
  • Section 212(a) of the Immigration and Nationality ActThis section describes classes of aliens who are ineligible for visas or are inadmissible to the United States.

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