Jose Barahona v. Eric Holder, Jr.
2012 U.S. App. LEXIS 16861
4th Cir.2012Background
- Barahona, a native and citizen of El Salvador, entered the United States illegally in 1985.
- He sought asylum in 1987 and again in 1995; the 1987 application was denied and he was ordered to depart.
- In 2007 Barahona pleaded guilty to domestic assault and battery; asylum proceedings were administratively closed and later recalendared.
- In 2009 he was found removable but allowed to pursue NACARA special-rule cancellation of removal, with an evidentiary hearing held in 2011.
- Barahona testified that FMLN guerrillas used his kitchen from 1984 to 1985, sometimes sleeping there and that he assisted them under duress under threat of death.
- The IJ denied NACARA relief based on a finding that his aid to the FMLN constituted material support; the BIA affirmed, denying relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether involuntary duress negates material support. | Barahona argues the Bar applies only to voluntary acts and should not cover duress. | Barahona's conduct falls within the Material Support Bar regardless of voluntariness. | No involuntariness exception; Barahona denied NACARA relief under the Bar. |
| Chevron deference to BIA interpretation of Material Support Bar. | BIA's silence on duress warrants treating duress as a permissible exception. | Statute silent on duress; BIA reasonably interpreted no involuntariness exception. | Court defers to BIA’s reasonable interpretation under Chevron. |
| Whether the Material Support Bar allows a de minimis or mere passive occupancy to qualify as material support. | Barahona's conduct was de minimis and not material. | There is no de minimis exception in the Bar; any support can be material. | BIA ruling that the support was material was upheld. |
| Whether international-law concerns or a discretionary waiver could provide relief. | Barahona may violate international law if relief is denied unjustly; waiver could apply. | Congress may conflict with international law; waiver exists but excludes voluntary support only. | No international-law basis to override the Bar; waiver does not grant relief here. |
Key Cases Cited
- Gonzalez-Ruano v. Holder, 662 F.3d 59 (1st Cir. 2011) (cannot rewrite statute; Crewman Bar analogy for NACARA relief)
- Midi v. Holder, 566 F.3d 132 (4th Cir. 2009) (Chevron deference—statutory plain language controls if unambiguous)
- Ixcot v. Holder, 646 F.3d 1202 (9th Cir. 2011) (courts review legal questions despite NACARA finality for discretionary relief)
- Negusie v. Holder, 555 U.S. 511 (Supreme Court 2009) (duress exception to Persecutor Bar discussed by BIA)
- De Osorio v. INS, 10 F.3d 1034 (4th Cir. 1993) (statutory construction when statute silent on exception)