Annachamy

Annachamy v. Holder

Good Law
686 F.3d 729·2012 WL 2550592·2012 U.S. App. LEXIS 13557
United States Court of Appeals for the Ninth CircuitJuly 3, 201207-70336California5,175 words

Opinion

Opinion

Fisher, J.

Satheeskumar Annachamy petitions for review of a decision of the Board of Immigration Appeals (BIA) denying him asylum and withholding of removal because he provided material support to a terrorist organization, in violation of 8 U.S.C. § 1182 (a)(3)(B)(iv)(VI). Annachamy argues that the BIA erred by applying the material support bar because (1) the organization he supported was engaged in legitimate political violence and (2) he provided support under duress. We hold that the material support bar does not include an implied exception for individuals who assist organizations engaged in legitimate political violence or who provide support under duress. We thus deny Annachamy’s petition for review.

I.

Annachamy is a native and citizen of Sri Lanka. In a hearing before an immigration judge (IJ), Annachamy testified that between 1986 and 2004 he was arrested several times by the Sri Lankan army on suspicion that he was involved with the Liberation Tigers of Tamil Eelam (LTTE), a militant organization that was then at war with the Sri Lankan government. Each time, the army detained him for many weeks, interrogated him and tortured him, including beating him with weapons…

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