Tahir v. Lynch, 654 F. App'x 512

Petitioner Muhammad Ahtesham Tahir, born in Iran and a Pakistani citizen, sought asylum, withholding of removal, and CAT relief based on alleged threats and an attack by Sunni extremists in Pakistan in the 1990s related to his work producing propaganda for a Shia organization.
The IJ denied relief after finding Tahir not credible and concluded he provided material support to Sipah-e-Sahaba (SSP) by designing and printing SSP materials in the mid-1990s.
The BIA affirmed the IJ’s decision on March 26, 2014; Tahir petitioned this Court for review challenging the denials of withholding of removal and CAT relief (he did not challenge asylum pretermission).
The agency relied on Tahir’s evasive demeanor and inconsistent statements (e.g., sectarian identity, knowledge of sect differences, details about the assault and the knife) to make an adverse credibility determination.
The agency also concluded Tahir provided material support to a terrorist organization (SSP) and that he failed to show, by clear and convincing evidence, that he did not know and should not have known the SSP was a terrorist group or that duress excused his conduct.
The Second Circuit reviewed both the IJ and BIA opinions and denied the petition for review, upholding the adverse credibility finding and the material-support determination (not necessary to resolve the immigration relief claims but relevant to future inadmissibility).

Issue	Tahir's Argument	Government's Argument	Held
Adverse credibility determination	Tahir argued his testimony was credible and inconsistencies were minor or explainable	Agency argued demeanor and multiple inconsistencies justified disbelief	Court upheld the adverse credibility finding as supported by substantial evidence
Withholding of removal	Tahir argued he faced past/persecution and feared future harm from Sunni extremists	Government relied on adverse credibility to deny withholding	Denied as dispositionally foreclosed by adverse credibility
CAT relief	Tahir claimed risk of torture on return	Government argued lack of credible evidence of risk	Denied because adverse credibility dispositive
Material-support bar / terrorist activity	Tahir contended SSP was not a terrorist org at the time and he lacked requisite knowledge or acted under duress	Government argued SSP’s violent acts made it a terrorist organization and Tahir knew or should have known; duress exception did not apply	Court upheld agency finding that Tahir provided material support and failed to show lack of knowledge or duress exception

Wangchuck v. Dep’t of Homeland Sec., 448 F.3d 524 (2d Cir.) (procedural standard: review of both IJ and BIA opinions)
Xiu Xia Lin v. Mukasey, 534 F.3d 162 (2d Cir.) (adverse credibility standard and totality of circumstances)
Yueqing Zhang v. Gonzales, 426 F.3d 540 (2d Cir.) (procedural note on asylum pretermission)
Majidi v. Gonzales, 430 F.3d 77 (2d Cir.) (demeanor and credibility importance)
Li Hua Lin v. U.S. Dep’t of Justice, 453 F.3d 99 (2d Cir.) (credibility and record inconsistencies)
Paul v. Gonzales, 444 F.3d 148 (2d Cir.) (adverse credibility can be dispositive for withholding/CAT)
INS v. Bagamasbad, 429 U.S. 24 (U.S.) (agency determinations binding where within their scope)
Ay v. Holder, 743 F.3d 317 (2d Cir.) (duress and material-support bar considerations)