HERNANDEZ v. SESSIONS

No. 16-2323-ag August Term 2017.

884 F.3d 107 (2018)

Marleny HERNANDEZ, Petitioner, v. Jefferson B. SESSIONS III, United States Attorney General, Respondent.

United States Court of Appeals, Second Circuit.

Decided: February 28, 2018.


Attorney(s) appearing for the Case

GREGORY SILBERT (with Kevin Meade and Melanie Conroy on the brief), Weil, Gotshal & Manges LLP, New York, NY and Boston, MA; Anne Pilsbury and Heather Yvonne Axford , Central American Legal Assistance, Brooklyn, NY, for Petitioner.

JEFFREY L. MENKIN , Senior Counsel for National Security, Office of Immigration Litigation (with Chad A. Readler , Acting Assistant Attorney General, and Ethan B. Kanter , Deputy Chief, on the brief), United States Department of Justice, Washington, D.C., for Respondent.

Judge Droney concurs in the opinion of the Court and files a concurring opinion.


Petitioner Marleny Hernandez, a native and citizen of Colombia, seeks review of a June 9, 2016 published decision of the Board of Immigration Appeals ("BIA") finding her ineligible for asylum on the ground that she provided "material support" to a terrorist organization, notwithstanding that she acted under duress....

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