Annachamy v. Holder
686 F.3d 729
9th Cir.2012Background
- Annachamy is a Sri Lankan citizen who testified he was repeatedly detained, tortured, and forced to assist the LTTE between 1992 and 1997.
- He never joined the LTTE and opposed it; he was compelled to provide money, cooking, trench digging, and other support under threat.
- He left Sri Lanka after 2004, arriving in the U.S. in 2005; removal proceedings began thereafter.
- The IJ granted asylum and withholding of removal, finding credibility and fear of future persecution, and that he was coerced to aid the LTTE.
- The BIA reversed, concluding he provided material support to a terrorist organization (LTTE, a Tier III group), and denied asylum/withholding but deferred removal under CAT pending background checks.
- This appeal challenges whether the material support bar has exceptions for political violence and for duress.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is a political-offense exception to the material support bar | Annachamy argues LTTE’s political violence excludes him | Khan rejects political-offense exception to material support bar | No political-offense exception; bar applies |
| Whether a duress defense exempts duress-supported aid from the material bar | Annachamy argues duress should excuse the aid | Bar contains no general duress exception; no reading to create one | No duress exception; material bar applies |
Key Cases Cited
- Khan v. Holder, 584 F.3d 773 (9th Cir. 2009) (broad terrorist bars; no political-offense exception; discusses Tier III duress context)
- Negusie v. Holder, 555 U.S. 511 (U.S. 2009) (duress and persecution bar; limits on importing criminal culpability notions)
- Fedorenko v. United States, 449 U.S. 490 (U.S. 1981) (duress/voluntariness considerations in refugee-related bars)
- United States v. Cardoza-Fonseca, 480 U.S. 421 (U.S. 1987) (interpretation guiding defendant’s burden under INA provisions)
- Li v. Holder, 656 F.3d 898 (9th Cir. 2011) (jurisdiction and background-check framework for relief decisions)
- INS v. Stevic, 467 U.S. 407 (U.S. 1984) (administrative waivers and statutory interpretation context)